BCR Law Report 2024 Q1 – Legislation Adopted

1. Employment (Amendment No. 15) (Jersey) Law 202-

This was adopted on 17 January 2024 and a copy of our observations on the same can be accessed here.

2. Planning and Building (Amendment No.8) (Repeal) (Jersey) Law 202-

This was adopted on 17 January 2024 and repeals the Planning and Building (Amendment No. 8) (Jersey) Law 2022 which sought to make various changes to the Planning and Building (Jersey) Law 2002.

3. Wills and Successions (Amendment No.3 – Collateral Succession of Immovable Estate) (Jersey) Law 202-

This was adopted on 7 February 2024. When enacted it would change how land is distributed in circumstances where one dies intestate (without a valid Will in place) and without direct descendants (i.e. a spouse and/or children). It is important to note that this amendment has no effect should the deceased be survived by a spouse and/or children.

At present, the law provides that freehold property/land will revert to the side of the family from which it was inherited by the deceased.

If it cannot be established which side of the family the property originated, however, preference will be given to the paternal side. Although this principle underpins Jersey’s succession law, the amendment seeks to address inherent issues of inequality and bring Jersey in line with its obligations under the Convention on the Elimination of All Forms of Discrimination against Women (‘CEDAW’).

Favourable treatment of the paternal side of the family in relation to the succession of movable assets where there is equal proximity between multiple heirs (whether of paternal or maternal origin), was abolished in 1993, so it is perhaps time that the same be considered in respect of Jersey immovable property.

The ultimate intention is to avoid the exclusion of certain blood relatives simply by virtue of the fact that they are on the maternal side of the family.

4. Crime (Public Order) (Jersey) Law 202-

This was adopted on 7th February 2024 and seeks to update Jersey’s public order legislation. For instance, Jersey presently has no offence of threats to kill, rape or cause serious physical injury and currently such behaviour has to be captured, sometimes inadequately, by other minor offences.

This law will collate all relevant public order offences into one area.

The draft Law will also codify the customary offence of affray and provide powers for Centeniers to levy fines summarily at the Parish Hall in respect of some minor public order and traffic offences and the possession of small amounts of controlled drugs.

5. Employment (Amendment No.14) (Jersey) Commencement Order 2024

This was made on 13th March 2024. The effect of this piece of legislation introduced parental bereavement leave with effect from 18 March 2024 to parents who face the unimaginable loss of a child under 18 or a stillborn child after the 24-week stage of pregnancy.

The law provides for this type of leave to be unpaid and to be a minimum of two weeks, which can be taken at any time from the date of death of a child (or in the case of a stillborn, the date of the child’s birth) up to and including 56 weeks after the death or birth.

Employers should consider updating their existing policies and procedures to reflect this positive development.