Public Health (Control of Building) (Amendment No. 3) (Jersey) Law 1996
AI-assisted research summary: This amendment law changes the building-law framework, including the definition of the Committee, the kinds of bye-laws that may be made, exemption and fee powers, and some penalty amounts.
Jersey Law 10/1996 PUBLIC HEALTH (CONTROL OF BUILDING) (AMENDMENT No. 3) (JERSEY) LAW 1996 ____________ A LAW to amend further the Public Health (Control of Building) (Jersey) Law 1956, sanctioned by Order of Her Majesty in Council of the 13th day of MARCH 1996 ____________ (Registered on the 12th day of April 1996) ____________ STATES OF JERSEY ____________ The 21st day of November 1995 ____________ T HE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law – ARTICLE 1 In Article 1 of the Public Health (Control of Building) (Jersey) Law 1956, as amended 1 (hereinafter referred to as “the principal Law”) – (a) in paragraph (1) for the definition of “the Committee” there shall be substituted the following definition – “ ‘the Committee’ means the Planning and Environment Committee”; and (b) paragraph (4) shall be deleted. ARTICLE 2 In Article 2 of the principal Law – (a) after paragraph (1) there shall be inserted the following paragraph – “(1AA) Building bye-laws under paragraph (1) of this Article may be made with respect to – (a) material alterations (as provided in those bye-laws) or extensions of buildings and buildings so far as affected by alterations or extensions; (b) buildings or parts of buildings in cases where any material change of use (as provided in those bye-laws) takes place in the purposes for which a building, or, as the case may be, a part of a building, is used).”; (b) in sub-paragraph (a) of paragraph (2) after the word “plans” there shall be inserted the words “and certificates”; (c) after paragraph (2) there shall be inserted the following paragraph – “(2A) Bye-laws made under this Article may provide, in a specified case or class of case for the exemption of buildings or things or a class of buildings or things from the provisions of the bye-laws, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified in the bye-laws.”; and (d) after paragraph (3) there shall be inserted the following paragraphs – “(3A) Bye-laws made under this Article may provide for the imposition of fees or charges in respect of any matter with regard to which provision is made in such bye-laws or in this Law. (3B) Where provision is made by bye-laws made under this Article in respect of fees or charges, the bye-laws may provide for all or any of the following matters – (a) specific fees or charges; (b) maximum or minimum fees or charges; (c) maximum and minimum fees or charges; (d) the payment of fees and charges either generally or under specified conditions or in specified circumstances; and (e) the reduction, waiver or refund, in whole or in part, of such fees or charges. (3C) Where any reduction, waiver or refund, in whole or in part, of any fee or charge is provided for by bye-laws made under this Article, such reduction, waiver or refund may be expressed to apply or be applicable either generally or specifically – (a) in respect of certain matters or classes of matter; (b) in respect of certain documents or classes of document; (c) when any event happens or ceases to happen; (d) in respect of certain persons or classes of person; or (e) in respect of any combination of such matters, documents, events, or persons, and may be expressed to apply or to be applicable subject to such conditions as may be specified in the bye-laws or in the discretion of any person specified in the bye-laws.”. ARTICLE 3 Article 3 of the principal Law 2 shall be repealed. ARTICLE 4 In paragraphs (4) and (5) of Article 7 of the principal Law – (a) for the words “ten pounds” there shall be substituted the words “level 2 on the standard scale 3 ”; and (b) for the words “five pounds” there shall be substituted the words “level 1 on the standard scale”. ARTICLE 5 In Article 9 of the principal Law – (a) the words “not exceeding five thousand pounds” shall be deleted; and (b) for the words “one hundred pounds” there shall be substituted the words “level 2 on the standard scale”. ARTICLE 6 In Article 11 of the principal Law for the words “fifty pounds” in both places where they occur there shall be substituted the words “level 2 on the standard scale”. ARTICLE 7 (1) This Law may be cited as the Public Health (Control of Building) (Amendment No. 3) (Jersey) Law 1996. (2) This Law shall come into force on such day as the States may by Act appoint, and different days may be appointed for different provisions and for different purposes. G.H.C. COPPOCK Greffier of the States. 1 Tome VIII, page 507, and Volume 1994–1995, page 7. 2 Tome VIII, page 511. 3 Volume 1992–1993, page 437.