F.B. Playing Fields (Jersey) Law 2023

F.B. Playing Fields (Jersey) Law 2023 Contents Article 1 Interpretation . 2 2 Application of Law and meaning of “F.B. Playing Fields” . 2 3 Validation . 3 4 Preservation of the F.B. Playing Fields’ condition of use . 3 5 Construction on, and granting of leases or licences in respect of, the F.B. Playing Fields 3 6 Registration of Law in Public Registry . 4 7 Laws repealed . 4 8 Citation and commencement . 4 SCHEDULE 5 Plan of the F.B. Playing Fields 5 F.B. Playing Fields (Jersey) Law 2023 A LAW to permit the construction and use of buildings and other infrastructure on the F.B. Playing Fields for the purposes of sport and recreation and for connected purposes. Adopted by the States 14th June 2023 Sanctioned by Order of His Majesty in Council 11th October 2023 Registered by the Royal Court 20th October 2023 Coming into force 27th October 2023 THE STATES , subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law – 1 Interpretation In this Law – “F.B. Playing Fields” has the meaning given in Article 2; “Loi (1862)” means the Loi (1862) sur les teneures en fidéicommis et l’incorporation d’associations . 2 Application of Law and meaning of “F.B. Playing Fields” ( 1 ) This Law applies in respect of the parts of the F.B. Playing Fields depicted in the plan, set out in the Schedule, which are – ( a ) coloured green and labelled C6 F.B. Playing Fields; and ( b ) coloured blue and labelled C7 Le Petit Clos de Sequée et Le Clos qui fut à Jean Clément . ( 2 ) “F.B. Playing Fields” means – ( a ) the piece of land “consecrated for ever thereafter for use as playing fields for the recreation of children and adult persons of both sexes residing in the Island of Jersey” and known as the “F.B. Playing Fields”, and the buildings on that land, situated in the Parish of St. Clement on the Fief of Samarès , first referred to in the contract passed before the Royal Court on 28th April 1928 and subsequently ceded to the Public of the Island by contract passed before the Royal Court on 17th January 1953; and ( b ) the piece of land known as “Le Petit Clos de Sequée et Le Clos qui fut à Jean Clément” adjoining the land referred to in paragraph (a) which, by way of gift, was ceded to the Public of the Island by contract passed before the Royal Court on 8th December 1951. 3 Validation Despite anything to the contrary contained in any enactment or contract passed before the Royal Court, it is declared to have been lawful for the Public of the Island, before the commencement of this Law – ( a ) to have constructed a building, for use as a clubhouse, on the part of the F.B. Playing Fields described in Article 2(1)(b); and ( b ) to have leased that building to an individual sporting association incorporated under the Loi (1862). 4 Preservation of the F.B. Playing Fields’ condition of use This Law preserves the condition contained in the contracts relating to the F.B. Playing Fields passed before the Royal Court, before the commencement of this Law, to the effect that the F.B. Playing Fields are to be used and maintained as a “terrain de sports” (playing fields) for the use and benefit of the public. 5 Construction on, and granting of leases or licences in respect of, the F.B. Playing Fields ( 1 ) The Public of the Island may construct on the F.B. Playing Fields – ( a ) a track for the shared use of cyclists and pedestrians; and ( b ) buildings, facilities or structures designed to be used for the purposes of a sport, fitness, leisure or recreational activity. ( 2 ) The Public of the Island may maintain, extend or refurbish a construction referred to in paragraph (1), and any other building, facility or structure that was constructed or permitted to be constructed on the F.B. Playing Fields before the commencement of this Law. ( 3 ) The Public of the Island may carry out work to improve an existing, or create a new, outdoor sporting or recreational area on the F.B. Playing Fields. ( 4 ) The Public of the Island may grant a lease or licence, of a type described in paragraph 5, to a person described in paragraph 5, to occupy, or otherwise use, anything constructed or any area created on the F.B. Playing Fields. ( 5 ) The Public of the Island may grant – ( a ) a registered contract of a lease to a person incorporated in Jersey including an association incorporated under the Loi (1862 ); ( b ) a lease that is not a registered contract, whether oral or in writing, to a person whether incorporated or otherwise; or ( c ) a licence, whether oral or in writing, to a person whether incorporated or otherwise. ( 6 ) Anything constructed or any area created under this Article must be occupied, or otherwise used, and maintained only for the purposes of a sport, fitness, leisure or recreational activity, including for anything reasonably incidental to those purposes, for the benefit of the public. ( 7 ) In this Article – “lease” means a lease, underlease or other tenancy, assignment operating as a lease or underlease, or an agreement for a lease, underlease, tenancy or assignment; “ registered contract”, means a contract passed before the Royal Court and registered in the Public Registry of Contracts. 6 Registration of Law in Public Registry ( 1 ) The Royal Court must, when it orders the registration of this Law, also order the registration of a copy of this Law, signed by the Greffier of the States, in the Public Registry of Contracts. ( 2 ) The registration of a copy of this Law in the Public Registry of Contracts has the same effect as a contract passed before the Royal Court. ( 3 ) No fees are payable under the Stamp Duties and Fees (Jersey) Law 1998 in relation to the registration of a copy of this Law as required by paragraph (1). 7 Laws repealed The following Laws are repealed – ( a ) the F.B. Playing Fields (Construction and Use of Sports Hall) (Jersey) Law 1996; and ( b ) the F.B. Playing Fields (Sports Hall) (Jersey) Law 2007 . 8 Citation and commencement This Law may be cited as the F.B. Playing Fields (Jersey) Law 2023 and comes into force 7 days after it is registered. S CHEDULE (Article 2(1)) Plan of the F.B. Playing Fields