Draft Dog (Amendment No. 2) (Jersey) Law 200-

European Convention on Human Rights

The  President  of  the  Legislation  Committee  has  made  the  following statement -

In the view of the Legislation Committee the provisions of the Draft Dogs (Amendment No. 2) (Jersey) Law 200- are compatible with the Convention Rights.

(Signed) Senator W. Kinnard

REPORT

This draft Law has been prepared in response to representations received by the Legislation Committee to the effect that hearing dogs for the deaf' should be exempt from the necessity for a dog licence under the Dogs (Jersey) Law 1961 in the same way as guide dogs for the blind.

The  amending  Law  will  also  enable  future  exemptions  from  this requirement to be contained in regulations.

Under article 3 of the principal Law, as presently drafted, certain dog owners are exempt from the requirement to pay duty on a licence, but technically the requirement to obtain a licence remains. The amending law removes this anomaly.

The  draft  Law  has  no  implications  for  the  financial  or  manpower resources of the States.

European Convention on Human Rights

Article 16 of the Human Rights (Jersey) Law 2000 will, when brought into force by Act of the States, require the Committee in charge of a Projet  de  Loi  to  make  a  statement  about  the  compatibility  of  the provisions  of  the  Projet  with  the  Convention  rights  (as  defined  by Article 1 of the Law). Although the Human Rights (Jersey) Law 2000 is not yet in force, on 4th October 2002 the Legislation Committee made the following statement before Second Reading of this projet in the States Assembly -

In the view of the Legislation Committee the provisions of the Draft Dogs (Amendment No. 2) (Jersey) Law 200- are compatible with the Convention Rights.

Explanatory Note

This Law would remove the requirement for a dog licence to be held for a hearing dog for the deaf', and enable future exemptions from the licensing requirement to be specified by Regulations.

DOGS (AMENDMENT No. 2) (JERSEY) LAW 200- ____________

A LAW  to amend further the Dogs (Jersey) Law 1961; sanctioned

by Order of Her Majesty in Council of the

____________

(Registered on the day of 200-) ____________

STATES OF JERSEY ____________

The day of 200- ____________

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law -

ARTICLE 1

For Article 3 of the Dogs (Jersey) Law 1961,[1] as amended, there shall be substituted the following Article -

"ARTICLE 3

Exemptions from licensing requirement

No licence shall be required under this Part of the Law in respect of -

1. a dog under the age of six months;
2. a dog kept and used solely by a blind person for his guidance;

3. a dog, kept and used by a deaf person, which has been trained by an organization which exists to train dogs  for  that  purpose,  to  assist  that  person  to overcome disabilities caused by his deafness; or
4. a dog kept and used for such purposes as the States may specify in Regulations made under this Article.".

ARTICLE 2

This Law may be cited as the Dogs (Amendment No. 2) (Jersey) Law 200- and shall come into force on the seventh day following its registration.

[1] Volume 1961-1962, page 352.