billet ix 2005 - gov

133
Printed by Guernsey Herald Ltd., Victoria Road, Guernsey. Price £1.50 IX 2005 BILLET D’ÉTAT WEDNESDAY, 29th JUNE, 2005 , p. 1111 , p. 1118 , p. 1118 , p. 1119 , p. 1119 , p. 1119 , p. 1119 , p. 1120 , p. 1120 , p. 1121 , p. 1139 , p. 1142 , p. 1150 , p. 1155 , p. 1180 , p. 1180 , p. 1181 , p. 1182 , p. 1182 , p. 1183 , p. 1232

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Page 1: Billet IX 2005 - Gov

Printed by Guernsey Herald Ltd., Victoria Road, Guernsey. Price £1.50

IX2005

BILLET D’ÉTATWEDNESDAY, 29th JUNE, 2005

, p. 1111, p. 1118

, p. 1118, p. 1119

, p. 1119, p. 1119

, p. 1119, p. 1120

, p. 1120, p. 1121

, p. 1139, p. 1142

, p. 1150

, p. 1155

, p. 1180

, p. 1180, p. 1181

, p. 1182

, p. 1182

, p. 1183, p. 1232

Page 2: Billet IX 2005 - Gov

B I L L E T D ’ É T A T

TO THE MEMBERS OF THE STATES OF

THE ISLAND OF GUERNSEY

I have the honour to inform you that a Meeting of the

States of Deliberation will be held at THE ROYAL COURT

HOUSE, on WEDNESDAY, the 29th JUNE, 2005, immediately

after the meeting already convened for that day, to consider the

items contained in this Billet d’État which have been submitted

for debate by the Policy Council.

DE V. G. CAREYBailiff and Presiding Officer

The Royal Court HouseGuernsey10th June 2005

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APPENDIX II 1232

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IN THE STATES OF THE ISLAND OF GUERNSEY

ON THE 29th DAY OF JUNE 2005

The States resolved as follows concerning Billet d’État No IX dated 10th June, 2005

TREASURY AND RESOURCES DEPARTMENT

INFORMATION POWERS

I.- After consideration of the Report dated 19th April, 2005, of the Treasury and Resources Department:- 1. That legislation be enacted as recommended in that Report. 2. To approve the Projet de Loi entitled “The Income Tax (Guernsey)

(Amendment) Law, 2005” and to authorise the Bailiff to present a most humble petition to Her Majesty in Council praying for Her Royal Sanction thereto.

PROJET DE LOI

entitled

THE INCOME TAX (RESIDENCE) (GUERNSEY) (AMENDMENT) LAW,

2005

II.- To approve the Projet de Loi entitled “The Income Tax (Residence) (Guernsey) (Amendment) Law, 2005” and to authorize the Bailiff to present a most humble Petition to Her Majesty in Council praying for her Royal Sanction thereto.

PROJET DE LOI

entitled

THE MISUSE OF DRUGS (BAILIWICK OF GUERNSEY) (AMENDMENT) LAW, 2005

III.- To approve the Projet de Loi entitled “The Misuse of Drugs (Bailiwick of Guernsey) (Amendment) Law, 2005” and to authorize the Bailiff to present a most humble Petition to Her Majesty in Council praying for her Royal Sanction thereto.

THE SUPPLEMENTARY BENEFIT (IMPLEMENTATION)

(AMENDMENT) ORDINANCE, 2005

IV.- To approve the draft Ordinance entitled “The Supplementary Benefit (Implementation) (Amendment) Ordinance, 2005”, and to direct that the same shall have effect as an Ordinance of the States.

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Page 129: Billet IX 2005 - Gov

THE SUPPLEMENTARY BENEFIT (CLASSES OF PERSONS TO WHOM

THE LAW APPLIES) ORDINANCE, 2005 V.- To approve the draft Ordinance entitled “The Supplementary Benefit (Classes of persons to whom the Law applies) Ordinance, 2005”, and to direct that the same shall have effect as an Ordinance of the States.

THE CENTRAL OUTDOOR ASSISTANCE BOARD REGULATIONS

(REPEAL) ORDINANCE, 2005 VI.- To approve the draft Ordinance entitled “The Central Outdoor Assistance Board Regulations (Repeal) Ordinance, 2005”, and to direct that the same shall have effect as an Ordinance of the States.

THE FOREIGN TAX (RETENTION ARRANGEMENTS)

(GUERNSEY AND ALDERNEY) ORDINANCE, 2005 VII.- To approve the draft Ordinance entitled “The Foreign Tax (Retention Arrangements) (Guernsey and Alderney) Ordinance, 2005”, and to direct that the same shall have effect as an Ordinance of the States.

PRIAULX LIBRARY

NEW TRUSTEE

VIII.- To postpone consideration of this Article to a later meeting of the States.

LADIES’ COLLEGE BOARD OF GOVERNORS

NEW MEMBERS

IX.- To re-elect

(1) Advocate P J G Atkinson as a member of the Ladies’ College Board of Governors;

(2) Mrs K M N Richards as a member of that Board of Governors.

POLICY COUNCIL

LOI RELATIVE À LA TAXATION PAROISSIALE 1923 X.- After consideration of the Report dated 16th May, 2005, of the Policy Council:- 1. That a Special States Committee called “The Parochial Ecclesiastical Rates

Review Committee” shall be established.

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Page 130: Billet IX 2005 - Gov

2. That the Committee’s mandate shall be “To investigate and report on the

operation of the Loi Relative à La Taxation Paroissiale 1923, as amended, as to its church property aspects, with particular reference to the repair and maintenance of parochial church property, and alternative means of providing or securing the finance required to repair, maintain and support such property”.

3. That the Special Committee Membership Allowance payable in accordance

with Section I (2) (v) of the Rules for Payments to States Members, etc. shall be £1,250 per annum.

4. That the Committee’s constitution shall be:

A Chairman who shall be a sitting member of the States Four sitting members of the States The Committee may appoint up to two non-voting members, who shall not be sitting members of the States.

5. To elect to that Committee

(1) As Chairman, Deputy Mrs D E Lewis; and

(2) As Members, Deputy J A B Gollop, Deputy G Guille, Deputy T M Le

Pelley and Deputy B R De Jersey.

POLICY COUNCIL

INTERPRETATION OF LEGISLATION XI.- After consideration of the Report dated 16th May, 2005, of the Policy Council:- 1. That legislation be enacted as recommended in that Report. 2. To direct the preparation of such legislation as may be necessary to give effect

to their above decision.

TREASURY AND RESOURCES DEPARTMENT

SECURITY OF AIR LINKS

XII.- After consideration of the Report dated 28th April, 2005, of the Treasury and Resources Department:-

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Page 131: Billet IX 2005 - Gov

1. To endorse the Treasury and Resources Department’s conclusions that retention of the Aurigny Group is in the overwhelming public interest, and represents the best strategic option for the Island at the present time.

2. To authorise the Treasury and Resources Department to facilitate (if

necessary by providing guarantees) the Aurigny Group’s borrowing from third parties.

3. To direct the Treasury and Resources Department to report back to the States

on the financial position of the Aurigny Group on a regular basis as part of the Interim Financial and Budget reports.

HOUSING DEPARTMENT

ALTERATIONS TO THE HOUSING REGISTER – THE FORMER ROYAL HOTEL SITE

XIII.- After consideration of the Report dated 25th April, 2005, of the Housing Department:- 1. To direct that an Ordinance be prepared to enable the Housing Department to

inscribe in Part A of the Housing Register by virtue of Section 52 of the Housing (Control of Occupation) (Guernsey) Law 1994, eight dwellings which will be constructed on property comprising part of the site of the former Royal Hotel, to be known as Royal Terrace.

2. That that Ordinance shall include the provision that a dwelling shall not be

inscribed until:

(i) the construction of not less than 24 dwellings in Royal Terrace has been completed of which not less than 16 'local market' dwellings are available for occupation; and

(ii) the deletion of eight dwellings from Part A of the Register on the

application of their owners has been effected.

3. To direct the preparation of such legislation as may be necessary to give effect to their above decisions.

EDUCATION DEPARTMENT

EDUCATION DEVELOPMENT PLAN 3 THE DEVELOPMENT, FUNDING AND ACCOUNTABILITY OF THE GRANT-

AIDED COLLEGES

XIV.- After consideration of the report dated 27th April, 2005, of the Education Department:-

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1. To approve the continuation of States funding for Elizabeth College, The Ladies’ College and Blanchelande Girls’ College.

2. To approve that the Colleges’ Budget continues to be a separate Education Department Cash Limit and remains separate from the Education General Budget.

3. To direct the Treasury and Resources Department to take into account these proposals when recommending to the States revenue allocations for 2006 and subsequent years, including any adjustments in respect of employers’ superannuation rates.

4. To endorse the cessation of the existing grant aid arrangements in respect of Elizabeth College and Blanchelande Girls' College from September 2005, and The Ladies' College from September 2006.

5. To approve a new model of funding for Elizabeth College and Blanchelande Girls' College from September 2005 and The Ladies' College from September 2006, which allows the Colleges to retain any surpluses achieved by the new formula, based on the States funding Special Placeholders at the full fee costs, and all pupils attracting a 'general contribution' of £2,000 from the States.

6. To approve from September 2006 an annual adjustment in the “general contribution” element of the grant, in line with any standard percentage increase awarded to States’ committees.

7. To approve the new model of funding for a period of 7 years, commencing in September 2005.

8. To direct the Education Department to carry out an internal review of the new arrangements after receipt of 3 years of accounts, with the reviews to be completed no later than the end of 2009.

9. To approve provision in the formula for 161 special place holders at Elizabeth College and The Ladies’ College.

10. To approve provision in the formula for 21 special place holders at Blanchelande Girls’ College, or more where the actual number of special places exceed this, based on admissions in proposition 11 below.

11. To approve up to 23 special places per school year for Elizabeth College and The Ladies’ College and up to 6 special places per school year for Blanchelande Girls’ College, subject to the existing qualifying criteria.

12. To approve financial support, subject to the prior introduction of an agreement incorporating conditions of grant aid.

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Page 133: Billet IX 2005 - Gov

ORDINANCE LAID BEFORE THE STATES

THE EMERGENCY POWERS (FORMS OF OATH) ORDINANCE, 2005 In pursuance of the provisions of the proviso to Article 66 (3) of the Reform (Guernsey) Law, 1948, as amended, the Emergency Powers (Forms of Oath) Ordinance, 2005, made by the Legislation Select Committee on 29th April, 2005, was laid before the States.

STATUTORY INSTRUMENTS LAID BEFORE THE STATES

THE STATES HOUSING (RENT AND REBATE SCHEME) (GUERNSEY) REGULATIONS, 2005

In pursuance of Section 3(1) of the States Housing (Tenancies, Rent and Rebate Scheme) (Guernsey) Law, 2004, the States Housing (Rent and Rebate Scheme) (Guernsey), Regulations, 2005, made by the Housing Department on 3rd May, 2005, were laid before the States.

THE STATES HOUSING (STATUTORY TENANCIES)

(GUERNSEY) REGULATIONS, 2005 In pursuance of Section 2 of the States Housing (Tenancies, Rent and Rebate Scheme) (Guernsey) Law, 2004, the States Housing (Statutory Tenancies) (Guernsey), Regulations, 2005, made by the Housing Department on 5th May, 2005, were laid before the States.

THE STATES HOUSING (TRIBUNAL AND APPEALS)

(GUERNSEY) REGULATIONS, 2005 In pursuance of Sections 1 to 5 of the States Housing (Tenancies, Rent and Rebate Scheme) (Guernsey) Law, 2004, the States Housing (Tribunal and Appeals) (Guernsey), Regulations, 2005, made by the Housing Department on 6th May, 2005, were laid before the States.

THE HEALTH SERVICE (BENEFIT) (LIMITED LIST)

(PHARMACEUTICAL BENEFIT) (AMENDMENT) REGULATIONS, 2005

In pursuance of Section 35 of The Health Service (Benefit) (Guernsey) Law, 1990, the Health Service (Benefit) (Limited List) (Pharmaceutical Benefit) (Amendment) Regulations, 2005, made by the Social Security Department on 23rd May, 2005, were laid before the States.

K. H. TOUGH HER MAJESTY’S GREFFIER

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