Shops (Regulation of Opening) (Jersey) Regulations 2011: 'Special Occasions' Law Drafting Instructions

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 15 June 2012:

Decision Reference: MD-E-2012-0069
Decision Summary Title :	Approval of Law Drafting instructions for an order designating ‘special occasions’.		Date of Decision Summary:	7th June 2012
Decision Summary Author:	Strategy Manager		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	LDI - Order for special occasions under the Shops (Regulation of Opening) (Jersey) Regulations 2011		Date of Written Report:	3rd June 2012
Written Report Author:	Strategy Manager		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Shops (Regulation of Opening) (Jersey) Regulations 2011: Law Drafting Instructions
Decision(s): The Minister agreed to request the drafting of an Order, to be made under Regulation 4 of the Shops (Regulation of Opening) (Jersey) Regulations 2011, to designate special occasions for the years 2012 onward.
Reason(s) for Decision: Under the Shops (Regulation of Opening) (Jersey) Regulations 2011, the Minister has the power to designate some Sundays and special days each year as special occasions. The Sunday trading regime is more permissive on these days and more trading is allowed. The Minister has consulted with retailers and Parishes to determine what days would be required on an ongoing basis, and the consensus appears to be that the four Sundays before Christmas are the most popular shopping days. This is in line with the expectations of the public who have been able to shop on these four Sundays for several years. In order to avoid the resource implications of consulting upon and drafting a new Order every year, and following discussions with the Law Draftsman and the Comité des Connétables, a formula has been developed which will create a standard set of special occasions for 2012 and into the future.
Resource Implications: There are no resource implications to the States.
Action required: Strategy Manager to pass the law drafting instructions to the Law Draftsman for the Order to be developed.
Signature: Senator AJH Maclean		Position: Minister for Economic Development
Date Signed:		Date of Decision (If different from Date Signed):

Shops (Regulation of Opening) (Jersey) Regulations 2011: 'Special Occasions' Law Drafting Instructions

Written Report – Law drafting regarding Special Occasions

Background

Since the late 1990s there have been special arrangements in place to allow shops to open in the run-up to Christmas, in order to allow last-minute shoppers the chance to stock up before the holidays. This has historically been connected to the Fête dé Noué, a program of events including street theatre, al fresco performances, craft markets and another entertainment, intended to entertain shoppers and bring more footfall to local retailers in the festive season.

The Fête dé Noué began as a relatively ‘focussed’ event spanning one weekend. However, as the Fête comprised a ‘fair, fete or festival’ under the Shops Sunday trading (Jersey) Law 1960, (meaning that shops could open on Sundays during the Fête) there was considerable pressure to extend the programme of events to allow more Sunday shopping in the run-up to Christmas.

The fete was eventually extended to four Sundays. While this allowed additional trading it stretched the programme of events and lowered the quality of the festival. Nevertheless, retailers were glad of the opportunity to make the most of the pre-Christmas rush. This shopping opportunity also seemed popular with the public.

The new legislation

In 2011, the States approved the Shops (Regulation of Opening) (Jersey) Regulations, which created a new Sunday trading scheme to replace the 1960 law. Under Regulation 4 the Economic Development Minister has the power to designate some days each year as ‘special occasions’ after consultation with the Comité des Connétables. (Good Friday, Liberation Day, Christmas Day or 26th December cannot be designated as special occasions.)

On special occasions, Connétables may publish a notice in the Jersey Gazette granting permission to trade to all shops of specified types, regardless of size. The Connétable has discretion over which types of business are included in this blanket permit. Conditions relating to hours of opening, deliveries, parking arrangements etc can be imposed upon shops opening under a blanket permit.

In 2011, the Minister designated the four Sundays before Christmas as special occasions, as this met the prevailing expectation of retailers and the public.

A side effect of the new law is to ‘decouple’ Sunday trading from the Fête dé Noué, which has allowed the Fête to return to a shorter and more cost-effective form.

The Order

There have been calls from both Parishes and retailers to establish a system by which all parties can be informed well in advance about the planned special occasions each year, and can confidently plan their business operations, including Sunday opening for large businesses, without the danger of a surprise late in the year.

Accordingly, after consultation with the Comité des Connétables the Minister is minded to ask the Law Draftsman to develop an Order that designates the required special occasions not only in 2012 but also for 2013 onwards.

This will provide the necessary certainty to shops and the public, and separately help to conserve scare law drafting resources, as an Order will not need to be drafted every year.

The order will include a formula, which, subject to the approval of the Law Draftsman, will read approximately as follows-

The following days shall be designated as special occasions-

Where Christmas Day falls upon a Monday, Tuesday or Wednesday, the first four Sundays in December.

Where Christmas Day falls upon a Thursday, Friday, Saturday or Sunday, the last Sunday in November and the first three Sundays in December.

This decision reflects the Minister’s intention to pass the formula and drafting instructions in the terms above to the Law Draftsman for development of an Order.

Resource implications

There are no resource implications to the States.