Parish Rate (Administration) (Amendment) (Jersey) Law 1960

Jersey Law 29/1960 PARISH RATE (ADMINISTRATION) (AMENDMENT) (JERSEY) LAW, 1960. ____________ A LAW to amend the Parish Rate (Jersey) Law, 1946, sanctioned by Order of Her Majesty in Council of the 30th day of NOVEMBER, 1960. (Registered on the 21st day of December, 1960). ____________ STATES OF JERSEY ____________ The 26th day of July, 1960. ____________ 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 Parish Rate (Administration) (Jersey) Law, 1946 1 (hereinafter referred to as “the principal Law”), before the definition of “draft list” there shall be inserted the definition – “ ‘agricultural land’ means any land used as arable, meadow or pasture ground only, land used for a plantation or a wood or for the growth of saleable underwood , land exceeding twenty perches in area used for the purpose of poultry or pig farming, market gardens, nursery grounds or orchards, but does not include land occupied together with a house as a park, gardens, pleasure grounds or land kept or preserved mainly or exclusively for sport or recreation, or land under glass;” and for the definition of “land” there shall be substituted the definition – “ ‘land’ means any land capable of actual occupation and, except in the definition of agricultural land, includes any houses, buildings or structures thereon or thereunder and land covered with water;”. ARTICLE 2 At the end of paragraph (3) of Article 3 of the principal Law 2 there shall be inserted the following proviso – “Provided that repayment under this paragraph may be withheld unless the owner proves to the satisfaction of the Constable that the right to occupy the land has not been unreasonably refused to any other person.” ARTICLE 3 At the end of paragraph (1) of Article 4 of the principal Law 3 there shall be inserted the following proviso – “Provided that, in the case of a house or part of a house let at a rent which includes payment for the use of furniture, the person by whom the right of occupation is granted to the occupier shall be liable for the payment of the occupier’s rate, but that person shall be entitled to recover from the occupier the amount of the occupier’s rate or such part thereof as may be agreed between them.” ARTICLE 4 At the end of sub-paragraph ( c ) of Article 6 of the principal Law 4 there shall be inserted the words “but excluding land in the occupation of any employee of any such authority”. ARTICLE 5 In paragraph (2) of Article 8 of the principal Law 5 for the word “may” there shall be substituted the word “shall”. ARTICLE 6 (1) For paragraph 1 of the Second Schedule to the principal Law 6 there shall be substituted the following paragraph – “ 1. -(1) Except in a case to which sub-paragraph (2) of this paragraph applies, the rental value of the land shall be the rent at which it might reasonably be expected to let from year to year if the tenant undertook to pay the usual tenant’s rates and if the landlord undertook to bear the costs of repairs and insurance and any other expenses necessary to maintain the land in a state to command that rent. (2) In the case of land let at a rent, the rent shall, for the purposes of foncier rate, be taken as the rental value thereof unless for any reason such rent represents more or less than the full consideration for the enjoyment of the land: Provided that where separate parcels of the land are let to the same person at separate rents, the assessment of those parcels shall be made on the basis of the total of those rents instead of on the basis of the individual rents at which they are let. (3) For the avoidance of doubt, it is hereby declared that, in the case of land let at a rent, the assessment committee shall not be bound, for the purposes of occupier’s rate, to assess the rental value of the land at the amount of the rent.” (2) For paragraphs 3 and 4 of the said Second Schedule 7 there shall be substituted the following paragraphs – “ 3. -(1) Subject to the provisions of this paragraph, a rental value of one pound shall be computed as a rateable value of one quarter. (2) In the case of agricultural land, a rental value of two pounds shall be computed as a rateable value of one quarter– (a) for the purposes of occupier’s rate; and (b) for the purposes of foncier rate if the land is occupied together with a house and buildings. (3) For the purposes of occupier’s rate, the rateable value of houses and buildings of which the rental value has been assessed at under two hundred pounds shall be computed in accordance with the scale set out in the Third Schedule to this Law. (4) In computing rateable value, a fraction of one quarter shall be reckoned as one quarter. 4. Reductions from the rateable value of houses and buildings shall be made as follows – (a) a reduction of twenty per centum in respect of the costs of interior decoration; and (b) a reduction of thirty per centum in respect of the costs of other repairs; the reductions being made from rateable value for the purposes of foncier rate or of occupier’s rate according to whether those costs are payable by the owner or the occupier.” (3) For the Third Schedule to the principal Law 8 there shall be substituted the Schedule to this Law. ARTICLE 7 (1) This Law may be cited as the Parish Rate (Administration) (Amendment) (Jersey) Law, 1960, and this Law and the principal Law may be cited together as the Parish Rate (Administration) (Jersey) Laws, 1946 and 1960. (2) This Law shall come into force on the first day of January next following the day in which it is promulgated. SCHEDULE THIRD SCHEDULE COMPUTATION OF RATEABLE VALUE (Paragraph 3(3) of Second Schedule) Rental value Rateable value Rental value Rateable value 1–14 1 77 30 15–20 2 78 31 21–24 3 79–80 32 25–28 4 81 33 29–31 5 82 34 32–34 6 83 35 35–37 7 84 36 38–40 8 85–86 37 41–42 9 87 38 43–44 10 88 39 45–46 11 89 40 47–48 12 90 41 49–50 13 91 42 51–52 14 92 43 53–54 15 93 44 55–56 16 94 45 57–58 17 95 46 59–60 18 96 47 61 19 97 48 62–63 20 98 49 64 21 99–100 50 65–66 22 101 51 67 23 102 52 68–69 24 103 53 70 25 104 55 71–72 26 105 56 73 27 106 57 74 28 107 58 75–76 29 108 59 109 60 144 104 110 61 145 106 111 62 146 107 112 63 147 108 113 64 148 110 114 65 149 111 115 67 150 113 116 68 151 114 117 69 152 116 118 70 153 117 119 71 154 119 120 72 155 121 121 74 156 122 122 75 157 124 123 76 158 125 124 77 159 127 125 79 160 128 126 80 161 130 127 81 162 132 128 82 163 133 129 84 164 135 130 85 165 137 131 86 166 138 132 88 167 140 133 89 168 142 134 90 169 143 135 92 170 145 136 93 171 147 137 94 172 148 138 95 173 150 139 97 174 152 140 98 175 154 141 100 176 155 142 101 177 157 143 103 178 159 179 161 190 181 180 162 191 183 181 164 192 185 182 166 193 187 183 168 194 189 184 170 195 191 185 172 196 192 186 173 197 194 187 175 198 196 188 177 199 198 189 179 To be printed, published and posted. F. DE L. BOIS, Greffier of the States. 1 Tome 1946–1948, page 65. 2 Tome 1946–1948, page 67. 3 Tome 1946–1948, page 68. 4 Tome 1946–1948, page 70. 5 Tome 1946–1948, page 71. 6 Tome 1946–1948, page 86. 7 Tome 1946–1948, page 86. 8 Tome 1946–1948, page 88.