Law Revision Board: summary of decisions – April 2026

Decisions made by the Law Revision Board

Introduction

The Law Revision Board met on 20 April 2026. This report records the decisions made by the Law Revision Board at that meeting.

The Law Revision Board (the "Board") was established under the Law Revision (Jersey) Law 2003 and continued by the Legislation (Jersey) Law 2021 (the "Legislation Law"). The purpose of the Board is to consider draft revisions submitted by the Principal Legislative Drafter and, if satisfied the revisions are within the powers set out in Article 14 or Schedule 1 of the Legislation Law, to certify the revisions.

Article 15(9) of the Legislation Law states:

"The Minutes or other record of the transactions of the business of the Law Revision Board must be laid before the States within 2 months of the business being transacted."

This report is laid before the States to satisfy the requirements of Article 15(9).

Record of the business of the Law Revision Board transacted on 20 April 2026

The Board agreed –

• to certify the revised law in item 2026/1, which replaces all references to the Comptroller of Taxes or the Comptroller of Income Tax with references to the Comptroller of Revenue (document appended)

• to certify the revised law in item 2026/2, which amends the Weights and Measures (Measuring Instruments) (Intoxicating Li quor) (Jersey) Order 1975 to introduce a new heading for each Article, to delete one of the division headings and to restyle the remaining division headings as Part headings (document appended)

• to certify the revised law in item 2026/3, which replaces the reference in the Police (Complaints and Conduct – States of Jersey Police Force) Regulations 2025 to Article 10 of the States of Jersey Police Force (General Provisions) (Jersey) Order 2016 (the "2016 Order") with a reference to Article 9 of the States of Jersey Police Force (General Provisions) Order 2025 (the "2025 Order"). Article 9 of the 2025 Order is the equivalent of Article 10 of the 2016 Order (document appended)

• to certify the revised law in item 2026/4, which adds definitions of both "cab" and "omnibus" in the interpretation provision of the Road Traffic ( St. Helier ) (Jersey) Order 1996, and then removes the clarifications that the terms have the meaning given in the Motor Traffic (Jersey) Law 1935 (document appended)

• to defer item 2026/5, updating use of the term "maiden name" for review and further consultation (document appended for information only)

• to defer discussion of the use of "(Jersey)" in legislation titles for further opinions to be collected (document appended)

APPENDICES

Law Revision Board item 2026/1: making correct use of the term "Comptroller of Revenue"

Overview

This document asks the Law Revision Board to certify a draft revision as revised legislation. If certified by the Board, the revision will take effect on the date that the record of the Board's decision is laid before the States.

Part 1 (page 1) explains the issue giving rise to the draft revision, the types of changes made in the draft revision, and the legislative powers relied on in the preparation of the draft revision.

Part 2 (page 2) lists the changes made in the draft revision. Part 3 (pages 3 to 6) contains the draft revision.

Part 1: Background

The issue

The Revenue Administration (Jersey) Law 2019 renamed the Comptroller of Taxes as the Comptroller of Revenue. However, we have found various references across the statute book to the Comptroller of Taxes and other references to the Comptroller of Income Tax (an even older name for the position).

The proposed solution

We propose replacing all references to the Comptroller of Taxes or the Comptroller of Income Tax with references to the Comptroller of Revenue.

Is the proposed solution within the Law Revision Board's powers?

Article 15(7) of the Legislation (Jersey) Law 2021 (the "Legislation Law") allows the Law Revision Board to certify a draft revision as revised legislation only if the Board is satisfied that the changes made by the revision are within the powers set out in Article 14 or Schedule 1 of the Legislation Law.

The changes made by the draft revision fall within the powers in Schedule 1, clause (g): "to change any reference to a person, office, body, place or thing to reflect a change of name, transfer of function or provision for construction of the reference".

Part 2: Table of proposed solutions

Part 3: Draft revision giving effect to proposed solutions

CONTENTS

Asian Infrastructure Investment Bank (Immunities and Privileges) (Jersey) Regulations 2017  3 Companies (Jersey) Law 1991  3 Companies (Takeovers and Mergers Panel) (Jersey) Law 2009  4 Education (Grants and Allowances) (Jersey) Order 2018  5 Income Tax (Jersey) Law 1961  5 Li mited Li ability Companies (General Provisions) (Jersey) Regulations 2022  6 Taxation (Companies – Economic Substance) (Jersey) Law 2019  6

Asian Infrastructure Investment Bank (Immunities and Privileges) (Jersey) Regulations 2017

5  Taxes, rates and duties

1. Within the scope of its official activities, the Bank shall be exempt from income tax.
2. The Bank is not liable in respect of its premises to pay –
   1. rates under the Rates (Jersey) Law 2005;
   2. other taxes or dues, except any that represent payment for specific services rendered.
3. For the avoidance of doubt paragraph (2) does not apply to sums payable under any rule of law or enactment from time to time in force by people contracting with the Bank.
4. Subject to compliance with such conditions as the Agent of the Impôts may impose, the Bank is exempt from duties and taxes on the importation or exportation by it, or on its behalf, of goods and publications for its official use in Jersey.
5. Subject to compliance with such conditions as the Agent of the Impôts may impose, the Bank is entitled to relief by way of refund of customs duty paid on any imported hydrocarbon oil within the meaning of the Customs and Excise (Jersey) Law 1999 or goods and services tax on the importation of such oil which is bought in Jersey and used for its official purposes.
6. Subject to compliance with such conditions as the Comptroller of RevenueComptroller of Taxes may determine, the Bank is exempt from any goods and services tax otherwise payable under the Goods and Services Tax (Jersey) Law 2007 on the supply of goods and services for its official purposes.

Companies (Jersey) Law 1991

143A Power for Minister for Treasury and Resources to apply to Court

If  the  Minister  for  Treasury  and  Resources  receives  a  report  from  the  Comptroller  of RevenueComptroller  of  Taxes  under  Article 9(5)  of  the  Taxation  (Companies –  Economic Substance) (Jersey) Law 2019, that a company has not met the economic substance test within the meaning of that Law, the Minister for Treasury and Resources may apply to the court for an order under Article 143B.

Companies (Takeovers and Mergers Panel) (Jersey) Law 2009 SCHEDULE

(Article 8)

SPECIFIED PERSONS, DESCRIPTIONS OF DISCLOSURE ETC FOR THE PURPOSES OF ARTICLE 8

PART 1
SPECIFIED PERSONS

1  Chief Minister

1A  Minister for External Relations

2  Minister for Treasury and Resources

3  Commission

4  Comptroller of RevenueComptroller of Income Tax

5  Agent of the Impôts

6  Attorney General

7  Viscount

8  police officer

9  any person specified in Part 1 of Schedule 2 to the Companies Act 2006

9A  any person specified in Part 1 of Schedule 6 to the Companies (Guernsey) Law 2008

PART 2

SPECIFIED DESCRIPTIONS OF DISCLOSURES

10  A disclosure for the purpose of enabling or assisting an inspector appointed under Part 19

of the Companies (Jersey) Law 1991 to exercise his or her functions.

11  A disclosure for the purpose of enabling or assisting a person appointed under Article 33

of the Financial Services (Jersey) Law 1998 to exercise his or her functions.

12  A  disclosure  for the  purpose  of enabling  or assisting  an  inspector  appointed  under

Article 22 of the Collective Investment Funds (Jersey) Law 1988 to exercise his or her functions.

13  A disclosure for the purpose of enabling or assisting the Minister to exercise his functions

under any of the following –

the Companies (Jersey) Law 1991;

the Bankruptcy (Désastre) (Jersey) Law 1990;

the Financial Services (Jersey) Law 1998.

14  A disclosure for the purpose of enabling any of the following to exercise its functions –

the European Central Bank;

the central bank of any country or territory outside Jersey.

15  A  disclosure  for  the  purpose  of  enabling  or  assisting  the  Comptroller  of

RevenueComptroller of Income Tax to exercise his or her functions.

16  A disclosure for the purpose of enabling or assisting the Agent of the Impôts to exercise

his or her functions.

Education (Grants and Allowances) (Jersey) Order 2018

27  Information provided by Comptroller of Revenuethe Comptroller of Taxes

1. The Comptroller of RevenueComptroller of Taxes may use information held by him or her under the 1961 Law for the purpose of calculating the amount of any reduction required under Article 19 (reduction of grant to take account of child allowance).

2. The  Comptroller  of  RevenueComptroller  of  Taxes  may  disclose  to  the  Minister information relating to that calculation and any other information held by the Comptroller of RevenueComptroller of Taxes under the 1961 Law for the purpose of enabling the Minister to ascertain or verify the correct amount of a grant or allowance that may be awarded under this Order, including enabling the Minister to verify the accuracy of any information provided by an applicant to the Minister under Article 26.

Income Tax (Jersey) Law 1961

44  Certificate of Comptroller admissible in evidence

1. For the recovery by legal process of income tax, or of any balance of income tax, a certificate under the hand of the Comptroller in the following form or to the same effect, stating that the person named therein is in default as regards payment of income tax, shall be sufficient evidence that the amount of tax mentioned therein has been duly charged and assessed, and is in arrear and unpaid –

I certify that the sum of ............................................. is due to the States of Jersey, in respect of income tax for the year ended 31st December, 20....., by .................................. of ..................................... and that the aforesaid sum fell into arrears on the ...........................

day of ..........................., 20.......

......................................................... Comptroller of RevenueComptroller of Taxes.

2. Any certificate issued by virtue of this Article shall be considered authentic, and no evidence will be required as to the signature or official character of the person who signs as Comptroller.

Li mited Li ability Companies (General Provisions) (Jersey) Regulations 2022

103  Power for Minister for Treasury and Resources to apply to Court

If  the  Minister  for  Treasury  and  Resources  receives  a  report  from  the  Comptroller  of RevenueComptroller  of  Taxes  under  Article 9(5)  of  the  Taxation  (Companies –  Economic Substance) (Jersey)  Law 2019  that  a  limited  liability  company  has  not met the  economic substance test within the meaning of that Law, the Minister for Treasury and Resources may apply to the Court for an order under Regulation 104.

Taxation (Companies – Economic Substance) (Jersey) Law 2019

1  Interpretation

In this Law –

"competent authority", in respect of a country or territory other than Jersey, means the authority designated in or for the purposes of an approved agreement or an approved obligation within the meaning of the Taxation (Implementation) (Jersey) Law 2004;

"Comptroller" means the Comptroller of RevenueComptroller of Taxes;

"connected  person" in relation to a resident company, has the same meaning as in Article 3A of the Income Tax (Jersey) Law 1961;

Law Revision Board item 2026/2: adding headings to Weights and Measures Order

Overview

This document asks the Law Revision Board to certify a draft revision as revised legislation. If certified by the Board, the revision will take effect on the date that the record of the Board's decision is laid before the States.

Part 1 (page 1) explains the issue giving rise to the draft revision, the types of changes made in the draft revision, and the legislative powers relied on in the preparation of the draft revision.

Part 2 (pages 2 to 4) lists the changes made in the draft revision. Part 3 (pages 4 to 9) contains the draft revision.

Part 1: Background

The issue

The Weights and Measures (Measuring Instruments) (Intoxicating Li quor) (Jersey) Order 1975 (the "Order") does not contain any Article headings. The absence of Article headings makes it difficult for readers to navigate the Order. The Order does contain some headings between Articles, styled as division headings. Current drafting practice would be to style these as Part headings.

The proposed solution

We proposed to introduce a new heading for each Article, to delete one of the division headings and to restyle the remaining division headings as Part headings.

Is the proposed solution within the Law Revision Board's powers?

Article 15(7) of the Legislation (Jersey) Law 2021 (the "Legislation Law") allows the Law Revision Board to certify a draft revision as revised legislation only if the Board is satisfied that the changes made by the revision are within the powers set out in Article 14 or Schedule 1 of the Legislation Law.

The changes made by the draft revision fall within the power in Schedule 1:

• clause (e): "to add a heading to a provision of any legislation that does not have one and alter any heading to a provision or part of any legislation";

• clause (k): "to delete any obsolete or redundant words or provisions"; and

• clause (q): "to do all other things that appear to the Board to be necessary to render revised legislation consistent with current drafting practice."

Part 2: Table of proposed solutions

Part 3: Draft revision giving effect to proposed solutions

Weights and Measures (Measuring Instruments) (Intoxicating Li quor) (Jersey) Order 1975

INTERPRETATION

PART 1

INTRODUCTORY PROVISIONS

1  Interpretation

1. In this Order, unless the context otherwise requires –

"Law" means the Weights and Measures (Jersey) Law 1967;

"licensed premises" means premises in respect of which a licence, other than a licence of the fifth category, is held under the Li censing (Jersey) Law 1974;

"manager" means, where any instrument is being tested at the premises on which it was manufactured, the manager of those premises or the manager's appointed representative and, where any instrument is being tested on licensed premises, the licensee, or in the manager's absence, the person for the time being in charge of the instrument;

"prescribed stamp" means a stamp specified in the Weights and Measures (Prescribed Stamp) (Jersey) Order 1975.

2. A reference in this Order to an enactment shall be construed as a reference to that enactment as amended by any subsequent enactment.

APPLICATION

2  Prescribed measuring instruments

1. Measuring instruments, other than capacity measures, for use for trade on premises where intoxicating liquor is sold by retail for the purpose of making any measurement of intoxicating liquor are hereby prescribed for the purposes of Article 12(1) of the Law.
2. Any reference in this Order to measuring instruments shall be construed as a reference to instruments described in paragraph (1) of this Article.

PRINCIPLES OF CONSTRUCTION

PART 2

PRINCIPLES OF CONSTRUCTION

3  Counting devices fitted to measuring instruments

Any counting or totalising device fitted to a measuring instrument shall be so arranged as to avoid any possibility of confusion with any other indication of quantity.

4  Sales indicators fitted to measuring instruments

Any individual sales indicator fitted to a measuring instrument shall be arranged so that it can be readily re-set to its zero indication and so that it is not possible to advance the indication by means other than the proper operation of the instrument.

5  Devices for charging and discharging measuring chamber

Every measuring instrument shall be fitted –

1. with adequate sight glasses, observation windows or other devices for showing clearly that any measuring chamber is properly charged and discharged; or
2. with a device or devices which prevent any liquid being discharged by any measuring chamber until the chamber is properly charged; and any measuring chamber being charged anew until it has been properly discharged.

6  Delivery of liquid from measuring instruments

No measuring instrument shall be fitted with a delivery pipe, outlet spout or nozzle which, when open, is liable to trap any portion of the liquid being delivered.

7  Sealing of measuring instruments

Every measuring instrument shall be fitted with one or more plugs, seals or sealing devices of suitable form and material to protect all adjustable parts affecting the quantity delivered or with such alternative sealing arrangements as may be authorized by the Minister in relation to a measuring instrument of an approved pattern.

TESTING

PART 3

TESTING

8  Inspector's actions before testing

Before testing any measuring instrument, the inspector shall ensure either that liquid has first been passed through the instrument or that the instrument is fully primed.

9   Li quor or water to be used in testing

1. Any measuring instrument constructed to measure a quantity of less than 200 millilitres shall be tested with the liquor which it is intended to deliver or with water.
2. Any other measuring instrument shall be tested with the liquor it is intended to deliver unless it is tested at the premises on which it was manufactured in which case it shall be tested either with that liquor or with water.

10  Manager to provide liquids to inspector

For purposes of the performance by an inspector of the inspector's tests, the manager shall, if

requested, provide for the inspector's use such liquids as the inspector may reasonably require. 11  Manner of testing measuring instrument by inspector

1. The inspector shall test a measuring instrument by causing it to deliver both the minimum and the maximum quantity which it is capable of measuring in a single operation, or if the instrument is capable of measuring only one quantity in a single operation, the inspector shall cause it to deliver that quantity.
2. The inspector may also, if the inspector thinks fit, cause the instrument to deliver any quantity  between  the  minimum  and  the  maximum  quantity  which  it  is  capable  of measuring in a single operation.
3. The inspector may cause the instrument to deliver any quantity such number of times as the inspector may determine.
4. The inspector shall determine which of the quantities delivered by the instrument are to be treated as relevant for purposes of determining whether the instrument falls within the prescribed limits of error.

12   Li quor withdrawn from container – treatment after testing

1. Any intoxicating liquor withdrawn from any container for the purpose of an inspector's test of a measuring instrument shall, upon conclusion of the test, be forthwith returned to the container from which it was withdrawn if the inspector is of the opinion that it is practicable and desirable so to do and the manager does not object; otherwise, it shall be placed in another receptacle reasonably convenient for the purpose and nominated by the manager.
2. The inspector shall, if requested, furnish to the manager a signed and dated statement of the quantity of intoxicating liquor withdrawn from the container and returned or placed as aforesaid.

PRESCRIBED LIMITS OF ERROR

PART 4

LIMITS OF ERROR

13  Prescribed limits of error

1. The prescribed limits of error are those specified in Schedule 1.

2. In determining whether a measuring instrument falls within the prescribed limits of error, account shall be taken only of the quantity of liquid delivered by the instrument.

PASSING AS FIT FOR USE FOR TRADE

PART 5

PASSING AS FIT FOR USE FOR TRADE

14  Passing measuring instrument as fit for use for trade

No measuring instrument shall be passed as fit for use for trade unless –

1. it measures the liquid with which it is tested to within the appropriate prescribed limits of error when it is operated at any reasonable speed, the speed of operation in respect of any individual delivery being as uniform as practicable;
2. it is made in accordance with an approved pattern;
3. it is constructed in accordance with the principles described in Articles 3 to 7;
4. it is complete with all parts and attachments concerned in the operations of measurement and delivery;
5. when it is fully primed, no leakage is apparent;
6. every  marking,  notice,  inscription  or  indication  having  reference  to  the  method  of operation or to the quantity delivered is conspicuously and legibly marked in a suitable position on the instrument in plain block characters on a plain background and in distinct contrast thereto;
7. it is legibly marked with the name of the maker or supplier;
8. an indication of the measured quantity or quantities delivered by the instrument is marked in full or by means of one or other of the abbreviations specified in Schedule 2:

Provided that nothing in sub-paragraph (h) shall preclude the passing as fit for use for trade of any instrument notwithstanding that the indication of quantity is marked by figures only if the indication is marked on the measuring chamber or a sales indicator and the unit of measurement is boldly marked on the face of the chamber or indicator in a manner which avoids confusion.

STAMPING

PART 6

STAMPING

15  Measuring instruments to be stamped

Every measuring instrument which is passed as fit for use for trade shall be stamped with the prescribed stamp.

16  Devices to be stamped

The prescribed stamp shall be placed on all plugs, seals and sealing devices fitted in accordance with Article 7.

17  When measuring instrument not to be stamped

No measuring instrument shall be stamped if it bears any mark which, in the opinion of the inspector, might reasonably be mistaken for the prescribed stamp, or any statement or mark (other than an inspector's stamp) which purports to be or, in the opinion of the inspector, might reasonably be mistaken for, an expression of approval or guarantee of accuracy by any body or person:

Provided that a measuring instrument may be stamped notwithstanding that it bears the number of the notice of examination issued by the Department of Price s and Consumer Protection of the United Kingdom which denotes that it is of an approved pattern or a statement or mark which denotes the date of any modification to the approved pattern to which that measuring instrument conforms.

OBLITERATION OF STAMPS

PART 7

OBLITERATION OF STAMPS

18  Manner of obliteration of stamps by inspector

Stamps shall be obliterated by an inspector in accordance with the requirements of this Order, by means of punches or pincers of suitable sizes of a 6-pointed star design as shown in Article 7 of the Weights and Measures (General Provisions) (Jersey) Order 1968.

19  Measuring devices liable to obliteration of stamp

1. An inspector shall obliterate the stamp on any measuring instrument which –

1. fails upon testing to measure the liquid with which it is tested to within the appropriate prescribed limits of error when it is operated at any reasonable speed, the speed of operation in respect of any individual delivery being as uniform as practicable; or
2. has ceased to satisfy the requirements of Article 14(c) to (h):

Provided that where a measuring instrument does not fully comply with the requirements of this Order, but the nature and degree of the non-compliance is not in the inspector's judgment such as to require the immediate obliteration of the stamp, the inspector shall not obliterate it but shall leave with the manager a notice calling upon the manager to have the instrument corrected within a stated period (expiring not more than 28 days after the leaving of the notice) and shall obliterate the stamp if the correction is not made within that period.

2. An inspector may obliterate the stamp on any measuring instrument which, since it was last stamped, has in the inspector's opinion had its accuracy affected by reason of any alteration, addition, adjustment or repair.

20  Extent of obliteration of stamp

The obliteration of any one stamp on a measuring instrument shall be deemed to be the obliteration of all the other stamps, if any, on that instrument.

CITATION

PART 8

CITATION

21  Citation

This Order may be cited as the Weights and Measures (Measuring Instruments) (Intoxicating Li quor) (Jersey) Order 1975.

Law Revision Board item 2026/3: substituting a reference to legislation that has been replaced

Overview

This document asks the Law Revision Board to certify a draft revision as revised legislation. If certified by the Board, the revision will take effect on the date that the record of the Board's decision is laid before the States.

Part 1 (page 1) explains the issue giving rise to the draft revision, the types of changes made in the draft revision, and the legislative powers relied on in the preparation of the draft revision.

Part 2 (page 1) lists the changes made in the draft revision. Part 3 (page 2) contains the draft revision.

Part 1: Background

The issue

Regulation 35(2)(a) of the Police (Complaints and Conduct – States of Jersey Police Force) Regulations 2025 (the "Regulations") refers to Article 10 of the States of Jersey Police Force (General Provisions) (Jersey) Order 2016 (the "2016 Order"). That Order was repealed and replaced by the States of Jersey Police Force (General Provisions) Order 2025 (the "2025 Order") with effect from 23 December 2025.

The proposed solution

We propose to replace the reference in the Regulations to Article 10 of the 2016 Order with a reference to Article 9 of the 2025 Order. (Article 9 of the 2025 Order is the equivalent of Article 10 of the 2016 Order.)

Is the proposed solution within the Law Revision Board's powers?

Article 15(7) of the Legislation (Jersey) Law 2021 (the "Legislation Law") allows the Law Revision Board to certify a draft revision as revised legislation only if the Board is satisfied that the changes made by the revision are within the powers set out in Article 14 or Schedule 1 of the Legislation Law.

The changes made by the draft revision fall within the powers in Schedule 1, clause (p): "to substitute for a reference to any legislation or provision of any legislation that has been re- enacted or replaced, whether with or without modifications, a reference to the legislation or provision re-enacting or replacing it".

Part 3: Draft revision giving effect to proposed solutions

Police (Complaints and Conduct – States of Jersey Police Force) Regulations 2025

35  Finding of misconduct or gross misconduct

1. The disciplinary person must review the facts of the case and decide whether the police officer's, or former police officer's, conduct amounts to misconduct, gross misconduct or neither.
2. If a disciplinary sanction is being considered, the disciplinary person –

1. must have regard to the police officer's service record as shown on their personal record kept under Article 9 of the States of Jersey Police Force (General Provisions) Order 2025Article 10 of the States of Jersey Police Force (General Provisions) (Jersey) Order 2016;
2. may receive evidence from a witness whose evidence will, in the disciplinary person's opinion, assist in their determination of the police officer's conduct; and
3. must give the police officer, their police friend (if any) and, at a disciplinary hearing their  legal  representative  (if  any)  an  opportunity  to  make  oral  or  written representations before the police officer's conduct is decided under paragraph (1).

3. The disciplinary person must not find that conduct amounts to misconduct or gross misconduct unless –

1. they are satisfied on the balance of probabilities that it does; or
2. the police officer admits misconduct or gross misconduct.

4. At a disciplinary hearing, the disciplinary panel's finding must be arrived at by simple majority and no indication is to be given about whether the finding was arrived at unanimously or by majority.

Law Revision Board item 2026/4: rearranging provisions relating to defined terms

Overview

This document asks the Law Revision Board to certify a draft revision as revised legislation. If certified by the Board, the revision will take effect on the date that the record of the Board's decision is laid before the States.

Part 1 (page 1) explains the issue giving rise to the draft revision, the types of changes made in the draft revision, and the legislative powers relied on in the preparation of the draft revision.

Part 2 (page 2) lists the changes made in the draft revision. Part 3 (pages 2 to 4) contains the draft revision.

Part 1: Background

The issue

The Road Traffic ( St. Helier ) (Jersey) Order 1996 uses the term "cab" and "omnibus" several times. In 2 places (for each term), the Order clarifies that the terms have the meaning given in the Motor Traffic (Jersey) Law 1935. In other places, the Order does not provide that clarification, although there is no reason why the terms would have a different meaning.

The proposed solution

We propose defining both "cab" and "omnibus" in the interpretation provision of the Order, and then removing the clarifications that the terms have the meaning given in the Motor Traffic (Jersey) Law 1935.

Is the proposed solution within the Law Revision Board's powers?

Article 15(7) of the Legislation (Jersey) Law 2021 (the "Legislation Law") allows the Law Revision Board to certify a draft revision as revised legislation only if the Board is satisfied that the changes made by the revision are within the powers set out in Article 14 or Schedule 1 of the Legislation Law.

The changes made by the draft revision fall within the powers in Schedule 1, clause (q): "to do all other things that appear to the Board to be necessary to render revised legislation consistent with current drafting practice".

Part 3: Draft revision giving effect to proposed solutions

Road Traffic ( St. Helier ) (Jersey) Order 1996 2  Interpretation

1. In this Order, unless the context otherwise requires –

"at night" means at any time between the hours of 5 pm on any day and 8 am on the following day;

"cab" has the meaning given in Article 1(1) of the Motor Traffic Law;

"commercial vehicle" means a vehicle designed or manufactured solely or mainly for purposes other than those of a private household;

" Connétable " means the Connétable of St. Helier ;

"electric vehicle" means a vehicle that is powered solely by an electric motor; "keep" means to keep for one's own use;

"Minister" means the Minister for Infrastructure;

"Motor Traffic Law" means the Motor Traffic (Jersey) Law 1935; "omnibus" has the meaning given in Article 1(1) of the Motor Traffic Law; "road" includes part of a road.

2. Unless the context otherwise requires, where this Order refers to an enactment (including an Act of the Parliament of the United Kingdom and any instrument made under such an Act), the reference is to that enactment as amended from time to time, and includes a reference  to  that  enactment as extended  or applied  by or  under another  enactment, including any other provision of that enactment.

8  Pedestrian roads – closing to, and restricted use by, vehicular traffic

1. Subject to paragraph (3), no vehicle shall be driven on any road specified in the first column of Part 1 of Schedule 6 during the times specified in relation to that road in the second column of that Part, except –

1. with the permission in writing of the Connétable ;
2. with the express permission of a police officer;
3. for the purpose of saving life or extinguishing fire; or
4. for any other emergency purpose.

2. Subject to paragraph (3), no vehicle shall be driven on any road specified in the first column of Part 2 of Schedule 6 during the times specified in relation to that road in the second column of that Part, except –

1. with the permission in writing of the Connétable ;
2. with the express permission of a police officer;
3. for the purpose of saving life or extinguishing fire;
4. for any other emergency purpose;
5. for the purpose of delivering or collecting goods or merchandise, in the course of the trade of the owner of the vehicle, to or from premises situated on –
   1. a road specified in the first column of Part 2 of Schedule 6, or
   2. Queen Street; or
6. a cab that is delivering or collecting a passenger or goods to or froma cab, as defined in the Motor Traffic Law, which is delivering or collecting a passenger or goods to or from –

1. premises  situated  on  a  road  specified  in  the  first  column  of  Part 2  of Schedule 6, or
2. a place on such a road which is immediately adjacent to a road specified in the first column of Part 1 of Schedule 6.

9  Driving and stationing of certain vehicles

5. In this Article, "char-à-banc" has the meaning given in Article 1(1) of the Motor Traffic Law.In this Article, "cab" and "char-à-banc" have the same respective meanings as under the Motor Traffic Law.
6. Except with the permission in writing of the Connétable , no vehicle the overall width of which exceeds 6 feet 6 inches shall be driven on a road specified in Part 4 of Schedule 7 unless it is –

1. being driven to or from any premises situated on or adjacent to that road;
2. a vehicle engaged in mechanical road sweeping or road gully cleaning;

3. in the case of a vehicle being driven on the part of Bellozanne Road, or of Mont Cochon, specified in that Part of that Schedule – the vehicle is being used as an omnibusthe vehicle is being used as an omnibus (within the meaning of the Motor Traffic Law); or
4. in the case of a vehicle being driven on St. John 's Road – the vehicle is being used as an omnibusthe vehicle is being used as an omnibus (within the meaning of the Motor Traffic Law) to provide a service that schoolchildren (but not the general public) may use to travel to or from a school.

Law Revision Board item 2026/5: updating use of the term "maiden name"

Overview

This document asks the Law Revision Board to certify a draft revision as revised legislation. If certified by the Board, the revision will take effect on the date that the record of the Board's decision is laid before the States.

Part 1 (page 1) explains the issue giving rise to the draft revision, the types of changes made in the draft revision, and the legislative powers relied on in the preparation of the draft revision.

Part 2 (page 2) lists the changes made in the draft revision. Part 3 (pages 3 to 18) contains the draft revision.

Part 1: Background

The issue

The term "maiden name" appears in multiple places across the statute book. This term is outdated and does not comply with the current drafting practice of using gender silent language.

The proposed solution

We propose to replace references to "maiden name" with references to a person's "name at birth". We have consulted the policy officers responsible for the affected legislation to make them aware of the proposed change.

Is the proposed solution within the Law Revision Board's powers?

Article 15(7) of the Legislation (Jersey) Law 2021 (the "Legislation Law") allows the Law Revision Board to certify a draft revision as revised legislation only if the Board is satisfied that the changes made by the revision are within the powers set out in Article 14 or Schedule 1 of the Legislation Law.

The changes made by the draft revision fall within the powers in Schedule 1, clause (i): "to change any words to make them gender neutral" and clause (q): "to do all other things that appear to the Board to be necessary to render revised legislation consistent with current drafting practice".

Part 2: Table of proposed solutions

Part 3: Draft revision giving effect to proposed solutions

CONTENTS

Aircraft Registration (Births, Deaths and Missing Persons) (Jersey) Regulations 2015  3 Marriage and Civil Status (Jersey) Order 2018  4 Patents Rules 1982  5 Registered Designs Rules 1958  10 Royal Court Rules 2004  15 Terrorism (Carding) (Jersey) Order 2003  17

Aircraft Registration (Births, Deaths and Missing Persons) (Jersey) Regulations 2015

SCHEDULE 1

(Regulation 1(1)(a)) BIRTH

1. Registration mark of aircraft.
2. Date of Birth (a).
3. Place of Birth (b).
4. Name (c).
5. Gender (d).
6. Name, surname, usual residence and nationality of father or second parent within the meaning of the Children (Jersey) Law 2002 (e).
7. Profession or occupation of father or second parent within the meaning of the Children (Jersey) Law 2002.
8. Name, surname, previous names (if any)maiden surname, usual residence and nationality of mother (f).
9. Profession or occupation of mother.
10. Date and place of marriage of parents.
11. Name, description and home address of informant (if any) (g).
12. Signature of informant(s).
13. Signature of person completing the return.
14. Date (a).

Notes:

1. Day and month in words. Year in figures.
2. Actual position (if known). Otherwise approximate position, e.g. "40 miles west of Li sbon" or "over Northern France".
3. Forenames in full of child.
4. "Boy" or "girl" as the case may be.

5. Forenames in full and followed by surname; surname to be written in block letters. Both parents must sign the completed return as informants.
6. Forenames in full, surname and previous names (if any).Forenames in full and married surname followed by the word "née" and the maiden surname.
7. The informants' names, relationship (if any) to the child and postal address must be stated.

Marriage and Civil Status (Jersey) Order 2018

51A  Certificate of fact and cause of death

(1)  A certificate of fact and cause of death under Article 64(1)(a) of the Law must contain the

following particulars –

1. the forenames and surname of the deceased person, including previous names or aliases (if any)including maiden name, previous name or aliases (if any);
2. the deceased person's address (if any);
3. the deceased person's date of birth;
4. the time and date of death;
5. the place of death, including parish;
6. whether the cause of death is known and, if so, the cause including any of the following that are known –

1. details of any disease,
2. conditions leading to death,
3. antecedent causes,
4. morbid conditions giving rise to the cause of death or antecedent causes, or
5. any other significant conditions contributing to death but not related to disease or condition causing death;

7. the approximate interval between the onset of a known cause or condition leading to the death, and the date of death;
8. if there is any reason why the death should be reported to the police;
9. whether the registered medical practitioner has reported the death to the police;
10. whether the registered medical practitioner is otherwise aware that the death has been reported to the police or the Viscount;
11. such supplementary information as the Superintendent Registrar may require the registered medical practitioner to provide in respect of the deceased person.

Patents Rules 1982 SCHEDULE

APPENDIX
PATENTS FORM NO. 1 PATENTS (JERSEY) LAW 1957

APPLICATION FOR THE REGISTRATION OF A PATENT.

(a)

Full name(s) of  I/We (a) ...................................................................... applicant(s).

of (b) .......................................................................... Applicants who have

changed their name  apply for the registration in the register of patents of since birth should also

Patent No.................................................... granted to give their name at

birth A married   woman should give   her maiden surname

and the full name of

her husband, stating

whether "wife",

"widow" or

"divorced"

(b)

Address of   applicant(s)

for the sole use and advantage of an invention for

which patent is in force in the United Kingdom.

I/We enclose a copy of the specification(s) and drawings of the patent certified by the Comptroller- General and a certificate of the Comptroller-General setting forth the rights or interests to which my/our application relates.

My/Our address for service in Jersey is

When the applicant(s) is/are not the grantee(s) of the patent, the following section must also be completed.

(c)

Specify the nature of  I/We claim to be entitled to apply for the registration of the claim

the patent described above by virtue of (c) ................ ..

and I/we enclose a certificate of the Comptroller- General relating to the registration in the United Kingdom of my/our title as aforesaid.

Dated this ....................................................... .day of 20 .

Signature of ............................................................... applicant(s) (d) ..........................................................

(d)

The advocate, solicitor or attorney in Jersey of the applicant(s) may sign on his/her/their behalf

(e)

Delete if inapplicable

Where any partial assignment or transmission of the patent has been made, the following section must also be completed.

I/We (a) ..................................................................... of (b) ..........................................................................

declare that I/we am/are entitled by virtue of (c) ...... to a share in the patent described above (e)

or

to an interest in the patent described above (e) and I/we enclose a certificate of the Comptroller-General relating to the registration in the United Kingdom of my/our title/interest.

AND I/we declare that I/we also apply for the registration in the register of patents of the patent described above.

My/Our address for service in Jersey is

Dated this ......................................................... day of 20 .

Signature of person(s)

entitled to  ............................. a share or interest. (d)  .............................

APPLICATION FOR THE REGISTRATION OF AN ORDER, GRANT OR DECISION UNDER ARTICLE 5

1. Full name(s) of applicant(s). Applicants who have changed their name since birth should also give their name at birth A married woman should give her maiden surname and the full name of her husband, stating whether "wife", "widow" or "divorced"

I/We (a) ..................................................................... of (b) ........................................................................... apply for the registration in the register of patents of

1. an order extending the term of (c)

or

2. a patent of addition for the improvement or modification of (c)

2. Address of

applicant(s)  (iii)

3. Delete if  (iv) inapplicable

or

a decision/an order restoring (c)

or

a decision/an order allowing the amendment of the specification/drawings of (c)

Patent No. ............................... in force in the United Kingdom which is registered in Jersey in my/our name.

I/We enclose a copy of the said order/grant/decision certified by the Comptroller-General.

4. The advocate, solicitor or attorney in Jersey of the applicant(s) may sign on his/her/their behalf

My/Our address for service in Jersey is ..................... ..............................................................................

Dated this ................day of .............................. 20 .

Signature  of ...................................................... applicant(s) (d)..................................

APPLICATION FOR THE REGISTRATION OF THE TITLE OF A PERSON
BECOMING ENTITLED BY ASSIGNMENT, TRANSMISSION OR OTHER
OPERATION OF LAW TO A REGISTERED PATENT OR TO A SHARE THEREIN

(a)

Full name(s) of applicant(s). Applicants who have changed their name since birth should also give their name at birth A married woman should give her maiden surname and the full name of her husband, stating whether "wife", "widow" or "divorced"

(b)

Address of

applicant(s)

(c)

I/We (a)....................................................................... of (b) .......................................................................... apply that you will enter my/our name(s) in the register of patents as proprietor(s)/co-proprietor(s) of Patent No. .............. , in force in the United Kingdom at present registered in Jersey in the name of ............

Specify the  I/We claim to be so entitled by virtue of (c) ............... nature of

the claim

I/We append hereto a certificate of the Comptroller- General relating to the registration in the United Kingdom of my/our title as aforesaid.

(d)

The advocate, solicitor or attorney in Jersey of the applicant(s) may sign on his/her/their behalf

My/Our address for service in Jersey is ...................... Dated this .......... day of ................................ 20 .

Signature of ............................................................... applicant(s) (d)............................................................

PATENTS FORM NO. 4 PATENTS (JERSEY) LAW 1957

APPLICATION FOR THE REGISTRATION OF AN INTEREST IN A REGISTERED PATENT

(a)

Full name(s) of applicant(s). Applicants who have changed their name since birth should also give their name at birth A married woman should give her maiden surname and the full name of her husband, stating whether "wife", "widow" or "divorced"

(b)

Address of applicant(s)

(c)

I/We (a) ................................................................. of (b) ...................................................................... apply that you will enter in the Register of Patents a notice of the following interest in a patent: –

Insert the nature of the  I/We claim to be entitled (c) ............................. to claim e.g., "as licensee"  an interest in Patent No. .................... in force in

the United Kingdom at present registered in Jersey in the name of

(d)

Give particulars of the document by which you are entitled to the interest, including the date and the names of the parties

(e)

The advocate, solicitor or attorney in Jersey of the applicant(s) may sign on his/her/their behalf

................................................................................ by virtue of (d) .......................................................

I/We append hereto a certificate of the Comptroller-General relating to the registration in the United Kingdom of my/our interest as aforesaid.

My/Our address for service in Jersey is ............... Dated this ............................................................. day of ............................................................20 . Signature of applicant(s) (d) ..................................

Registered Designs Rules 1958 APPENDIX

Registered Designs Form No. 1
REGISTERED DESIGNS (JERSEY) LAW 1957
APPLICATION FOR THE REGISTRATION OF A DESIGN

(a)

Full name(s) of applicant(s). Applicants who have changed their name since birth should also give their name at birth A married woman should give her maiden surname and the full name of her husband, stating whether "wife", "widow" or "divorced"

(b)

Address of applicant(s)

I/We (a) ............................................................................................  .......................................................................................................... of (b) .................................................................................................

 .......................................................................................................... declare that I/we am/are the person(s) for the time being entered in the United Kingdom register of designs as the proprietor(s) of Design No................. and I/we apply for the registration of the said design in the register of designs.

I/We enclose a certified representation/ specimen of the design and a certificate of the Comptroller-General of Patents, Designs and Trade Marks in the United Kingdom setting forth the rights or interests to which my/our application relates and stating the date at which the representation/specimen of the design became, or is due to become, open to public inspection in the United Kingdom.

My/Our address for service in Jersey is ...........................................  ..........................................................................................................

(c)

The advocate, solicitor or attorney in Jersey of the applicant(s) may sign on his/her/their behalf

(d)

Specify the nature declare of the claim

(e)

Delete if inapplicable

Dated this...............................day of .......................... 20 . Signature of applicant(s)(c)

Where any partial assignment or transmission of the design has been made, the following section must also be completed.

I/We (a) ............................................................................................ of (b) ................................................................................................. declare that I/we am/are entitled by virtue of (d)

 .......................................................................................................... to a share in the above mentioned design (e)

or

to an interest in the above mentioned design(e) and I/we enclose a certificate of the Comptroller-General relating to the registration in the United Kingdom of my/our title/interest.

AND I/we declare that I/we also apply for the registration in the register of designs of the above mentioned design.

My/Our address for service in Jersey is ...........................................  ..........................................................................................................

Dated this .................................. day of ................................. 20 .

Signature of

person(s) entitled  ................................ to a share or  .................................... interest. (c)

APPLICATION FOR THE REGISTRATION OF AN EXTENSION OF COPYRIGHT IN A DESIGN UNDER ARTICLE 5

(a)

Full name(s) of applicant(s). Applicants who have changed their name since birth should also give their name at birth A married woman should give her maiden surname and the full name of her husband, stating whether "wife", "widow" or "divorced"

(b)

Address of applicant(s)

(c)

The advocate, solicitor or attorney in Jersey of the applicant(s) may sign on his/her/their behalf

I/We (a) ..............................................................................................  .......................................................................................................... of (b) ..................................................................................................  .......................................................................................................... apply for the registration in the register of designs of the extension of copyright in Design No................ for a second/third period of 5 years, which design is registered in Jersey in my/our name.

I/We enclose a certificate of the competent authority in the United Kingdom stating that the copyright in the said design has been so extended.

My/Our address for service in Jersey is ...........................................  ..........................................................................................................

Dated this .................................. day of ................................. 20 .

Signature of applicant(s) (c) .....................................   .....................................

REGISTERED DESIGNS (JERSEY) LAW 1957

APPLICATION FOR THE REGISTRATION OF THE TITLE OF A PERSON BECOMING ENTITLED BY ASSIGNMENT, TRANSMISSION OR OTHER OPERATION OF LAW TO A REGISTERED DESIGN OR TO A SHARE THEREIN

(a)

Full name(s) of applicant(s). Applicants who have changed their name since birth should also give their name at birth A married woman should give her maiden surname and the full name of her husband, stating whether "wife", "widow" or "divorced"

(b)

Address of applicant(s)

I/We (a) .............................................................................................  .......................................................................................................... of (b) .................................................................................................  .......................................................................................................... apply that you will enter my/our name(s) in the register of designs as proprietor(s)/co-proprietor(s) of Design No.................. at present registered in Jersey in the name of ...................................................  ..........................................................................................................

(c)

Specify the nature of the claim

(d)

The advocate, solicitor or attorney in Jersey of the applicant(s) may sign on his/her/their behalf

I/We claim to be so entitled by virtue of (c) .....................................  ..........................................................................................................  ..........................................................................................................

I/We append a certificate of the Comptroller-General of Patents, Designs and Trade Marks in the United Kingdom relating to the registration in the United Kingdom of my/our title as aforesaid.

My/Our address for service in Jersey is ...........................................  ..........................................................................................................

Dated this................................ day of..................................... 20 .

Signature of applicant(s) (d) .....................................   .....................................

REGISTERED DESIGNS (JERSEY) LAW 1957

APPLICATION FOR THE REGISTRATION OF AN INTEREST IN A REGISTERED DESIGN

(a)

Full name(s) of applicant(s). Applicants who have changed their name since birth should also give their name at birth A married woman should give her maiden surname and the full name of her husband, stating whether "wife", "widow" or "divorced"

(b)

Address of applicant(s)

(c)

Insert the nature of the claim, e.g., "as licensee" (d)

Give particulars of the document by which you are entitled to the interest, including the date and the names of the parties

(e)

The advocate, solicitor or attorney in Jersey of the applicant(s) may sign on his/her/their behalf

I/We (a) .............................................................................................  .......................................................................................................... of (b) ..................................................................................................  .......................................................................................................... apply that you will enter in the register of designs a notice of the following interest in Design No.................: –

I/We claim to be entitled (c) .............................................................  .......................................................................................................... to an interest in the said design at present registered in Jersey in the name of .............................................................................................  .......................................................................................................... by virtue of (d) ...................................................................................  ..........................................................................................................  ..........................................................................................................  ..........................................................................................................

I/We append a certificate of the Comptroller-General of Patents, Designs and Trade Marks in the United Kingdom relating to the registration in the United Kingdom of my/our interest as aforesaid.

My/Our address for service in Jersey is ............................................  ..........................................................................................................

Dated this................................ day of..................................... 20 .

Signature of applicant(s) (e) .....................................   .....................................

Royal Court Rules 2004

18/1 Mode of registration and indexing

1. Subject to paragraph (2), registration of a document which is to be retained at the Judicial Greffe may be effected by placing the document in a file, and registration by enrolment may be effected either by any mechanical means, including photography or similar process, on individual sheets which are subsequently filed or bound or by keeping an image of the document on a computer.
2. Registration by enrolment of a document in any of the registers of the Public Registry and the indexing thereof may be effected on a computer.
3. Entries in the indices shall be made –

1. in relation to a married woman, both under her name at birth maiden name and under the name of her husband;
2. in relation to a guarantee in a contract, under the name of the guarantor;
3. in relation to a widow who abandons her right of dower, both under her name at birth maiden name and under the name of the man from whom she derives her dower; and
4. in relation to the registration of a will of immoveables, under the names of the testator and the devisees.

18/4 Judicial hypothecs

1. When the Court gives an act or judgment of a kind referred to in Article 13 of the Loi (1880) sur la propriété foncière, the Court, on the application of the plaintiff, shall order the registration of the act or judgment in the Register of Obligations and, in such a case, the judicial hypothec resulting from the registration shall bear the same date as that of the act or judgment and shall confer on the plaintiff the same rights as the plaintiff would have had had the plaintiff remitted it to the Greffier within 15 days of the date thereof in accordance with the provisions of the said Article 13.
2. Actions for the acknowledgement of a debt by consent (reconnaissances) must be brought before the Greffier in chambers.
3. An action for the acknowledgement of a debt by consent shall be instituted by the delivery to the Greffier of an acknowledgement document which must –

(a)  state the full names of all parties to the action (including, in the case of a married

woman, her name at birth maiden name);

(b)

3. be executed by each defendant or by that defendant's duly authorized attorney or by an advocate or solicitor on the defendant's behalf and by the plaintiff or by an advocate or solicitor on the plaintiff's behalf;
4. state the date for which registration of the relevant act is requested by the plaintiff or, where immediate registration of the act is not being sought, the date of the act recording acknowledgement only, which date shall in either case be –

1. a date upon which public passing of contracts takes place, or
2. where the borrowing relates to a contract passé dans le particulier, the date of passing the contract;

5. conform to such other requirements as to form, layout and content as are specified by practice directions;

(f)

(g)  exhibit at the rear of the document evidence that the appropriate stamp duty under

the Stamp Duties and Fees (Jersey) Law 1998 has been or will be paid;

(h)

(i)  be presented to the Greffier after 9 a.m. on the date referred to in sub-paragraph (d),

provided that no acknowledgement document may be presented to the Greffier after 4 p.m. on the said date except with the leave of the Bailiff .

18/4A Social Security hypothecs

1. In this Rule –

"arrangement" means an arrangement with the Minister resulting in the creation of a legal hypothec;

"legal hypothec" means a hypothec arising pursuant to Article 2(1) of the Social Security Hypothecs (Jersey) Law 2014;

"Minister" means the Minister for Social Security.

2. The Greffier, on the application of the Minister in accordance with this Rule, shall register a form of notification of legal hypothec in the Register of Obligations and, in such a case, the legal hypothec shall bear the date of such registration.
3. The form of notification of legal hypothec must –

1. state the full names of all those whose immovable property is subject to the legal hypothec (including, in the case of a married woman, her name at birth maiden name);
2. be in or substantially in the form set out in Schedule 6A;
3. be executed by the Minister;
4. exhibit at the rear of the form evidence that the appropriate stamp duty under the Stamp Duties and Fees (Jersey) Law 1998 has been or will be paid;
5. be presented to the Greffier after 9 a.m. on the date for which its registration is requested, provided that no form of notification of legal hypothec may be presented to the Greffier after 4 p.m. on the said date.

4. The form of notification of legal hypothec must be accompanied by documentary evidence sufficient to satisfy the Greffier that –

1. the person who has entered into the arrangement; and
2. any person whose immovable property is subject to the legal hypothec,

are aware of the hypothec and have acknowledged the right of the Minister to apply for it to be registered.

5. The Greffier shall, on the date of such registration, sign and seal the form of notification of legal hypothec which shall thereupon be enrolled in the Register of Obligations.
6. The Greffier shall treat a written confirmation from the Minister that the debt secured by the legal hypothec has been extinguished as evidence of the extinguishment of the debt secured by the legal hypothec.

Terrorism (Carding) (Jersey) Order 2003 SCHEDULE 1

(Article 1(a))
DISEMBARKATION

TERRORISM (JERSEY) LAW 2002 LANDING CARD

Please complete in BLOCK letters

Surname (Mr/Mrs/Miss/Ms) .......................................  Name at birthMaiden Name ...........................  Forenames ............................................................................................  Date of Birth ............................  

Nationality/

Citizenship ....................................................................  Place of Birth ...................................................  

Home Address ..............................................................................................................................................  Address Visiting ...........................................................................................................................................  Purpose of Visit ............................................................................................................................................  Occupation ...................................................................  Employer ..........................................................  Date .........................................   Signature ...............................................................................................  

THIS CARD IS ISSUED UNDER THE PROVISIONS OF THE TERRORISM (JERSEY) LAW 2002

IT IS AN OFFENCE TO SUPPLY FALSE DETAILS

REVERSE

SCHEDULE 2

(Article 1(b)) EMBARKATION

TERRORISM (JERSEY) LAW 2002 EMBARKATION CARD

Please complete in BLOCK letters

Surname (Mr/Mrs/Miss/Ms) .......................................  Name at birthMaiden Name ...........................  Forenames ............................................................................................  Date of Birth ............................  

Nationality/

Citizenship ....................................................................  Place of Birth ...................................................  

Home Address ..............................................................................................................................................  Address Visiting ...........................................................................................................................................  Purpose of Visit ............................................................................................................................................  

Occupation ...................................................................  Employer ..........................................................  Date .........................................   Signature ...............................................................................................  

THIS CARD IS ISSUED UNDER THE PROVISIONS OF THE TERRORISM (JERSEY) LAW 2002

IT IS AN OFFENCE TO SUPPLY FALSE DETAILS

REVERSE

The use of "(Jersey)" in legislation titles

Discussion paper for Law Revision Board

Introduction

1. This paper has been prepared in response the Law Revision Board's request, at its meeting on 28 April 2025, that a discussion paper be prepared on the potential removal of "(Jersey)" from legislation titles.
2. This paper sets out the case for the removal of "(Jersey)" from legislation titles, with comparisons drawn to other jurisdictions. It then sets out the next steps that could be taken if the Board wished to remove "(Jersey)" from existing legislation titles.

Current practice

3. The title of Jersey legislation typically states the subject of the legislation, followed by "(Jersey)", then the type of legislation (Law/Regulations/Order), then the year in which it was made. Examples of current legislation that uses the typical title format include:

• Access to Justice (Jersey) Law 2019

• Children (Secure Accommodation) (Jersey) Order 2005

• Employment (Minimum Wage) (Jersey) Regulations 2004.

4. This title format has remained largely unchanged since Jersey legislation began being drafted in English[1]. The reason for the inclusion of "(Jersey)" in legislation titles would initially have been to ensure that it is immediately clear to the reader that they are looking at Jersey legislation, and not legislation from another jurisdiction with a similar title.

5. An exception to the typical title format is made if the subject of the legislation already contains the word "Jersey", because it is felt that it is already sufficiently clear from the title that it is Jersey legislation. Examples include:

• States of Jersey Law 2005

• States of Jersey Police Force Law 2012.

Identifying Jersey legislation

6. When Jersey legislation was first drafted and published in English, users of legislation would have been accessing the legislation in printed form. It is likely that the inclusion of "(Jersey)" in the title of the legislation provided an easy means of distinguishing a Jersey law from statutes on the same subject in other jurisdictions – for example, differentiating the Income Tax (Jersey) Law 1961 from the UK Income Tax Act 1952.

7. Today, most users of Jersey legislation will be accessing it online through the Jersey Law website. The website name and header ("Jersey Legal Information Board: promoting access to justice in Jersey"), along with the Jersey crest at the top of each law, clearly indicate the jurisdiction. Printed versions similarly display the crest prominently. These features make the inclusion of "(Jersey)" largely redundant.
8. When citing legislation in scholarly or professional writing, it is standard practice to state the legislation title and, if necessary, to provide the jurisdiction in brackets after the title. The inclusion of "(Jersey)" in legislation titles means that it is usually not necessary to provide the jurisdiction after the title when citing Jersey legislation. However, the standard citation practice makes the inclusion of "(Jersey)" in legislation titles unnecessary.

Practice in other jurisdictions

United Kingdom and the devolved legislatures

9. Legislation passed by Westminster does not contain a territorial identifier in its title unless the legislation applies to only part of the United Kingdom. This is most often the case when it is made for one of the devolved legislatures. In those cases, the identifier also indicates that the law is not the primary legislation of that jurisdiction, but rather legislation imposed upon it or extended to it by another sovereign body.
10. Similarly, legislation passed by the Scottish or Welsh Parliaments contains a territorial identifier. Because the UK Parliament and devolved legislatures can legislate in parallel on similar topics, a territorial identifier in the title helps distinguish statutes on the same subject – for instance, the Children Act 1989 (UK Parliament) and the Children (Scotland) Act 1995 (Scottish Parliament).
11. We note that when Westminster extends its legislation to Jersey, it does so by way of Orders in Council that usually contain a territorial identifier (see, for example, the Sea Fish (Conservation ) (Channel Islands) Order 1981, the Immigration (Jersey) Order 2021 and the Transfer of Prisoners (Restricted Transfers) (Channel Islands and Isle of Man) Order 1998). The territorial identifier in this situation serves the same purpose as when the UK is legislating for the devolved legislatures – it indicates that the legislation is being extended to Jersey by another body.

Guernsey and Isle of Man

12. Isle of Man legislation does not contain a territorial identifier in its title and has not done so for several decades.

13. Guernsey legislation does not contain a territorial identifier in its title unless the legislation applies to only part of the Bailiwick. Examples include the Conveyancing (Sark) Law 2002 and the Partnership (Alderney) Law 2021.

Australia

14. Australia has 9 legislatures – the Commonwealth, 6 states and 2 territories. The statute book of each legislature contains legislation with similar titles to that of the other legislatures. But none of the legislatures use territorial identifiers in the titles of their legislation, preferring instead to rely on citation practices. Australia is a useful example of a jurisdiction that has chosen to favour clarity in legislation titles, even with overlapping subject areas across different legislatures.

Jersey's place in relation to the other jurisdictions

15. Jersey, like the Isle of Man and Guernsey, is a Crown Dependency. Jersey's States Assembly is not, unlike the Parliaments of Scotland and Wales, a legislature devolved from a sovereign parliament. The States Assembly exercises autonomous law-making authority as a Crown Dependency, recognised by constitutional convention.
16. Unlike Scotland and Wales, Jersey's States Assembly is not constitutionally subordinate to Westminster. Jersey has a single legislature with a unitary statute book. There is no risk of confusion with another domestic "Children Law" or "Education Law" produced by a competing legislature.
17. There is also no need to include territorial indicators to indicate a restriction on where the legislation applies. Jersey does not make legislation that extends to other jurisdictions. Jersey legislation always applies to the whole of Jersey, unlike the position in Guernsey where some legislation applies only to parts of the Bailiwick.
18. By continuing to use "(Jersey)" in legislation titles, the Island potentially signals (incorrectly) that its legislature is in a similar constitutional position to the devolved UK regions. A more appropriate parallel is with Guernsey and the Isle of Man.
19. Removing the territorial indicator in legislation made by the States Assembly would also serve as an easy way to identify extended UK legislation, as there the territorial indicator serves a purpose.

Other Jersey instruments

20. We note that Court Rules do not usually contain a territorial indicator in their titles. See, for example, the Royal Court Rules 2004 (and all of the predecessors to these rules from 1968 onwards) and the Petty Debts Court Rules 2018 (and its predecessor, the Petty Debts Court Rules 2004, although earlier versions contained "(Jersey)"). Some current Court Rules originally had "(Jersey)" in the title, but this was removed as part of the law

revision in 2004, following on from a decision of the Law Revision Board on 12 June 2002. Examples of this approach include the Court of Appeal (Civil) Rules 1964 and the Adoption Rules 1962. An outlier is the Criminal Procedure (Jersey) Rules 2021 – the drafter of these appears to have included "(Jersey)" in the title in error.

21. The absence of the territorial indicator in Court Rules lends support to the view that the territorial indicator is not necessary in Jersey legislation. Many jurisdictions (including the UK) have a Court of Appeal, but the decision has been made that it is not necessary for the rules for the Jersey Court of Appeal to contain "(Jersey)" in their title in order to distinguish from other Courts of Appeal.

Legislative drafting principles

22. Modern drafting emphasises clarity, brevity, and accessibility. The Legislation (Jersey) Law 2021 enshrines principles of good lawmaking, aiming to improve accessibility and coherence of the statute book. Continuing the use of "(Jersey)" is inconsistent with these aims. The practice makes legislation titles unnecessarily long.
23. The Legislative Drafting Office has also modernised its approach in other respects – for example, adopting plain English, avoiding archaic expressions and rationalising definitions. Removing "(Jersey)" would be a logical extension of this trajectory along the modernisation path.

Next steps

24. While current drafting practice is the responsibility of the Principal Legislative Drafter, the Law Revision Board has the power, under sub-paragraph (a) of Schedule 1 to the Legislation (Jersey) Law 2021, to amend the short title of any legislation. This means that the Law Revision Board has the power to remove "(Jersey)" from existing legislation titles, while the Principal Legislative Drafter has the power to ensure that future legislation does not contain "(Jersey)" in its title.
25. If the Board wishes to remove "(Jersey)" from legislation titles, we can prepare a draft revision for its review. We note that this will be a large endeavour – as well as the titles, we will need to amend all references within legislation to titles of other legislation. Therefore, it is unlikely that the draft revision will be ready in time for the Board's next scheduled meeting in April 2026. We think that we will need approximately 12 months from when the Board makes a decision to prepare the revision.
26. The Board is not required to consult any other party before making a decision on this matter, but may do so if it wishes.

[1] The earliest examples in the "as enacted" collection on www.jerseylaw.je are the Westaway Trust (Jersey) Law 1930 and the Import Duties (Jersey) Law 1932.