High Hedge (Jersey) Law 2008: decision making process and delegation.

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.

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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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (20/10/2008) regarding: High Hedge (Jersey) Law 2008: Decision making process and delegation.

Decision Ref:	MD–PE–2008-0232
Subject:	High Hedge (Jersey) Law 2008: decision making process and delegation
Decision Summary Title:	DS – high hedge law decision making
DS Author:	Kevin Pilley, Assistant Director
DS Date:	27 October 2008	DS Status:	Public
Written Report Title:	WR – high hedge law decision making
WR Author:	Kevin Pilley, Assistant Director
WR Date	09 October 2008	WR Status:	Public
Oral Rapporteur:	Kevin Pilley, Assistant Director
Decision(s):	The Minister for Planning and Environment; Resolved not to advertise receipt of applications made under the High Hedges (Jersey) Law 2008; Resolved to determine applications made under the High Hedges (Jersey) Law 2008 in public but only to afford complainants and hedge owners (as defined by the Law) an opportunity to make representations in person to the decision-maker; Resolved not to seek to amend the High Hedges (Jersey) Law 2008 at this time to facilitate determination of these applications by the Planning Applications Panel; Resolved to delegate powers, under the auspices of Article 28 of the States of Jersey Law 2005, to deal with all aspects of the High Hedges (Jersey) Law 2008 to his Assistant Minister, in his absence; Resolved to delegate powers, as set out below, under the auspices of Article 28 of the States of Jersey Law 2005, to specified officers; to determine applications made under the High Hedges (Jersey) Law 2008, where there are no representations from the hedge owner (as defined by the Law); to determine whether a complaint is justified; and, to vary or withdraw a remedial notice. endorsed the amendments to the Delegation of Powers agreement giving effect to the above, as set out at appendix 4.
Reason(s) for Decision:	There is no requirement in law to advertise receipt of applications made under the High Hedges (Jersey) Law 2008; There is no requirement in law to determine applications made under the High Hedges (Jersey) Law 2008 in public but to do so accords with the Minister’s desire for more open government and accords with procedures for the determination of planning applications. It is also considered appropriate and reasonable to afford complainants and hedge owners (as defined by the Law) an opportunity to make representations in person to the decision-maker; It is appropriate for the new law and its operation to establish itself before amendment to the primary legislation is considered; delegation of powers to the Assistant Minister increases the decision-making capacity of the department and enables the Assistant Minister to deal with matters in the Minister’s absence;. delegation of powers to officers, where appropriate, will increased the efficiency and effectiveness of the decision-making process of benefit to the customer; to give effect to the decisions at 4 and 5.
Legal and Resource Implications:	Any change to the arrangements for the delegation of powers will require amendment to the Delegation of Powers agreement (see appendix 4). The implications for data protection need to be considered.
Action required:	To request the Greffier of the States to present a report on the revised Delegation of Powers to the States. Explore the issues associated with data protection with the Data Protection Commissioner and/or Law Draftsman, as appropriate.
Signature:
Position:	Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):

High Hedge (Jersey) Law 2008: decision making process and delegation.

PLANNING AND ENVIRONMENT

High Hedge (Jersey) Law 2008
Decision making process and delegation

Purpose of the Report

The purpose of this report is for the Minister to consider and to determine a mechanism to enable the determination of applications made under the auspices of the High Hedges (Jersey) Law 2008 and to consider the delegation of all and some of the functions under that Law.

Background

The High Hedges (Jersey) Law 2008 (at appendix 1) came into effect at the beginning of the year and has required the introduction of new processes and procedures to deal with this new piece of legislation.

One aspect that remains to be resolved is the most appropriate route for the determination of applications. Power to determine these applications is presently only vested in the Minister for Planning and Environment under the auspices of Articles 6(3) and 7(1) of the Law which requires the Minister to:

decide whether the allegation made in the complaint is justified;

and, having done so, and determined that there is a complaint to remedy;

decide what needs to be done to remedy the adverse effect;

Another issue that could be usefully considered is the requirement and value of delegating some of the associated powers conferred by this Law to the Assistant Minister and officers.

Discussion

There are a number of issues that need to be considered in deciding the most appropriate route for the determination of these applications,

Should notice of the applications be public?

There is no requirement in law to make public receipt of complaints about high hedges and the matter is essentially a dispute between two parties (owner and complainant). The only ‘public’ requirement of the law is that a Register of Remedial Notices is maintained.

Other parties may have an interest e.g. other neighbours, ‘amenity’ interest groups; who may consider the hedge to be an amenity, but they have no rights under the law.

Should determination be public?

There is no requirement in law for decisions relating to the determination of high hedge complaints to be made in public but, in the spirit of natural justice, it is considered appropriate that complainants and hedge owners are provided with an opportunity to address the decision-maker in support of their case.

Who should take the decisions?

At present, power to determine these applications rests solely with the Minister.

Whilst the number of applications made under this legislation is unlikely to be significant, it is considered most appropriate that, for the purposes of efficiency and effectiveness, decisions are delegated to the Planning Applications Panel, which already routinely determines planning applications on behalf of the Minister under the auspices of the Planning and Building (Jersey) Law 2002. This potential arrangement is, however, constrained by the fact that the Planning Applications Panel is only empowered with certain functions under the Planning and Building (Jersey) Law 2002, which do not extend to the provisions of the High Hedges (Jersey) Law (see extract of P&B(J)L at appendix 2). For the Planning Applications Panel (which would also need to renamed as the ‘Applications Panel’) to determine high hedge applications, amendment of the primary legislation (in this case, the High Hedges (Jersey) Law, 2008) would be required.

To increase the decision-making capacity of the department it is, however, considered appropriate that the Minister seeks to delegate powers, under the auspices of Article 28 of the States of Jersey Law 2005 (see appendix 3) to his Assistant Minister and appropriate officers.

Delegated authority to determine these applications to officers is only considered appropriate where there are no representations received from the hedge owner in support of the maintenance of the height of the hedge. In cases where this situation arises, officer delegation will likely enable a speedier determination of benefit to the customer, and minimise the caseload of the Minister and Assistant Minister.

Associated provisions

There are a number of associated provisions and powers contained within the Law relating to matters such as the determination as to whether a complaint is justified (@ Article 6) and the power to vary or withdraw a remedial notice (@ Article 9). It is also considered to be beneficial and appropriate for these provisions to be delegated to officers also to assist the efficiency and effectiveness of the processes to administer the Law and to enable the department to provide a reasonable level of service to applicants. Extension of this level of delegation to officers is consistent with that which exists in respect of the Planning and Building (Jersey) Law 2002.

Legal and resource implications

Any change to the arrangements for the delegation of powers will require amendment to the Delegation of Powers agreement (see appendix 4).

Consultation

There is considered to be no requirement to consult with the Council of Ministers or any other Minister in respect of this matter as the Law confers these powers directly on the Minister and the subject matter has no implications for other statutory functions outwith Planning and Environment.

Recommendation

On the basis of the above it is recommended that the Minister for Planning and Environment:

Resolves not to advertise receipt or determination of applications made under the High Hedges (Jersey) Law 2008;
Resolves not to determine applications made under the High Hedges (Jersey) Law 2008 in public but to afford complainants and hedge owners (as defined by the Law) an opportunity to make representations in person to the decision-maker;
Resolved not to seek to amend the High Hedges (Jersey) Law 2008 at this time to facilitate determination of these applications by the Planning Applications Panel;
Resolves to delegate powers, under the auspices of Article 28 of the States of Jersey Law 2005, to deal with all aspects of the High Hedges (Jersey) Law 2008 to his Assistant Minister, in his absence;
Resolves to delegate powers, as set out below, under the auspices of Article 28 of the States of Jersey Law 2005, to specified officers;
1. to determine applications made under the High Hedges (Jersey) Law 2008, where there are no representations from the hedge owner (as defined by the Law);
2. to determine whether a complaint is justified; and,
3. to vary or withdraw a remedial notice.

On the basis of the above, it is further recommended that the Minister for Planning and Environment;

endorses the amendments to the Delegation of Powers agreement giving effect to the above, as set out at appendix 4.

Reason(s) for Decisions

There is no requirement in law to advertise receipt or determination of applications made under the High Hedges (Jersey) Law 2008;
There is no requirement in law to determine applications made under the High Hedges (Jersey) Law 2008 in public but it is appropriate and reasonable to afford complainants and hedge owners (as defined by the Law) an opportunity to make representations in person to the decision-maker;
It is appropriate for the new law and its operation to establish itself before amendment to the primary legislation is considered;
delegation of powers to the Assistant Minister increases the decision-making capacity of the department and enables the Assistant Minister to deal with matters in the Minister’s absence;.
delegation of powers to officers, where appropriate, will increased the efficiency and effectiveness of the decision-making process of benefit to the customer;
to give effect to the decisions at 4 and 5.

Action Required

To request the Greffier of the States to present a report on the revised Delegation of Powers to the States

Written by:	Kevin Pilley Assistant Director

Approved by:

Endorsed by:

Appendices:

High Hedges (Jersey) Law 2008
Article 9A Planning and Building (Jersey) Law 2002
Article 28 of the States of Jersey Law 2005
Proposed amended Delegation of Powers agreement

1/05/02/04

09 October 2008

APPENDIX 1

High Hedges (Jersey) Law 2008

Arrangement

Article

1 Interpretation

2 Domestic property

3 Residential property

4 High hedges

5 Complaints to which this Law applies

6 Complaints

7 Remedial action required to be taken

8 Powers of entry in respect of complaints

9 Minister may withdraw a remedial notice

10 Penalty for failure to comply with remedial notice

11 Minister may undertake work

12 Appeal against determination of Minister in respect of complaint

13 Appeal against determination of Minister in respect of remedial notice

14 Hearings

15 Other permissions

16 Minister to maintain Register of Remedial Notices

17 Conditions on entry of land

18 Responsibility

19 Documents

20 Power to amend certain Articles by Regulations

21 Law to apply to Crown and Crown land

22 Short title and commencement

High Hedges (Jersey) Law 2008

A LAW relating to high hedges.

Adopted by the States	26th September 2007
Sanctioned by Order of Her Majesty in Council	12th December 2007
Registered by the Royal Court	4th January 2008

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

1 Interpretation

(1) In this Law, unless the context otherwise requires –

“complaint” means a complaint to which this Law applies by virtue of Article 5;

“complainant” means –

(a) a person by whom the complaint is made; or

(b) if every person who made the complaint ceases to be an owner of the domestic or residential property specified in the complaint, any other person who is for the time being an owner of the property,

and references to the complainant include references to one or more of the complainants;

“domestic property” has the meaning assigned to that expression by Article 2;

“high hedge” has the meaning assigned to that expression by Article 4;

“Minister” means the Minister for Planning and Environment;

“neighbouring land”, in respect of a complaint, means the land on which the hedge specified in the complaint is growing;

“owner”, in respect of domestic or residential property, includes any tenant of the whole or of a substantial part of the property;

“remedial notice” has the meaning given to that expression by Article 7(1)(b);

“residential property” has the meaning assigned to that expression by Article 3;

“residential purposes” has the meaning assigned to that expression by Article 3.

2 Domestic property

(1) In this Law “domestic property” means –

(a) a dwelling; or

(b) a garden or yard that is used and enjoyed wholly or mainly in connection with a dwelling.

(2) In paragraph (1) “dwelling” means a building or part of a building occupied, or intended to be occupied, as a separate dwelling.

(3) A reference in this Law to a person’s reasonable enjoyment of domestic property includes a reference to his or her reasonable enjoyment of a part of the property.

3 Residential property

(1) In this Law “residential property” means –

(a) a property, not being a domestic property, that is otherwise used for a residential purpose; or

(b) a garden or yard that is used and enjoyed wholly or mainly in connection with the residential use of such a property.

(2) In paragraph (1) “property” includes a building, a part of a building and an area of land, in each case, occupied, or intended to be occupied, for a residential purpose.

(3) In paragraph (1) “residential purpose” includes both short and long term occupation for a residential purpose and includes holiday occupation.

(4) In paragraph (3) “holiday occupation” includes occupation by way of the use of a tent or caravan or other moveable structure on the property.

(5) A reference in this Law to a person’s reasonable use of residential property for a residential purpose includes a reference to his or her reasonable use of a part of the property for that purpose.

4 High hedges

(1) In this Law “high hedge” means so much of a barrier to light as –

(a) is formed wholly or predominantly by a line of 2 or more evergreens; and

(b) rises to a height of more than 2 metres above ground level.

(2) For the purposes of paragraph (1) a line of evergreens is not taken to be regarded as forming a barrier to light if the existence of gaps significantly affects its overall effect at heights of more than 2 metres above ground level.

(3) In this Article “evergreen” means an evergreen tree or shrub or a semi-evergreen tree or shrub.

5 Complaints to which this Law applies

(1) This Law applies to a complaint that –

(a) is made by the owner of domestic property; and

(b) alleges that the reasonable enjoyment of all or any part of the property for domestic purposes is being adversely affected by the height of a high hedge situated on land owned or occupied by another person.

(2) This Law also applies to a complaint that –

(a) is made by the owner of residential property; and

(b) alleges that the reasonable use of all or any part of the property for residential purposes is being adversely affected by the height of a high hedge situated on land owned or occupied by another person.

(3) This Law also applies to a complaint that –

(a) is made by the owner of a domestic property that is for the time being unoccupied; and

(b) alleges that the reasonable enjoyment of the property by a prospective occupier of the property for domestic purposes would be adversely affected by the height of a high hedge situated on land owned or occupied by another person.

(4) This Law also applies to a complaint that –

(a) is made by the owner of a residential property that is for the time being unused; and

(b) alleges that the reasonable use of the property by a prospective owner of the property for residential purposes would be adversely affected by the height of a high hedge situated on land owned or occupied by another person.

(5) This Law does not apply to complaints about the effect of the roots of a high hedge.

(6) In relation to a complaint falling within paragraph (3), references in Article 6 and 7 to the effect of the height of a high hedge on the complainant’s reasonable enjoyment of a domestic property shall be read as references to the effect that it would have on the reasonable enjoyment of the property by a prospective occupier of the property.

(7) In relation to a complaint falling within paragraph (4), references in Article 6 and 7 to the effect of the height of a high hedge on the complainant’s reasonable use of residential property shall be read as references to the effect that it would have on the reasonable use of the property for residential purposes by a prospective owner of the property.

6 Complaints

(1) This Article has effect where a complaint –

(a) is made to the Minister; and

(b) is accompanied by any fee prescribed by the Minister by Order.

(2) If the Minister considers –

(a) that the complainant has not taken all reasonable steps to resolve the matters complained of without proceeding by way of such a complaint to the Minister; or

(b) that the complaint is frivolous or vexatious,

the Minister may decide that the complaint should not be proceeded with.

(3) If the Minister does not so decide the Minister must determine if the allegation made in the complaint is justified.

(4) In doing so the Minister must first take into account every relevant consideration, including –

(a) whether the hedge existed at the time the complainant acquired an interest in the domestic or residential property specified in the complaint and, if it did, the height of the hedge at that time; and

(b) any extent to which the hedge –

(i) adds to the privacy and enjoyment of the neighbouring land, or

(ii) contributes to the amenity of the neighbourhood,

and then, having done so, must consider the height to which the hedge could be reduced that would still afford reasonable protection to the interests of the occupier of the neighbouring land.

(5) The Minister must also take into account any legal obligation relating to the hedge, whether the obligation is imposed by virtue of an enactment or otherwise.

(6) If the Minister determines that the allegation made in a complaint is not justified the Minister must notify the complainant accordingly.

(7) The notification must specify the right the complainant has under this Law to appeal against the determination of the Minister.

(8) An order made for the purpose of paragraph (1)(b) may provide that a fee payable under that paragraph may be refunded by the Minister in such circumstances and to such extent as the Minister may determine.

7 Remedial action required to be taken

(1) If the Minister determines that the allegation contained in a complaint is justified the Minister must –

(a) decide what needs to be done to the hedge to remedy the adverse effect it is having and to prevent the recurrence of that effect; and

(b) issue a notice (in this Law called a remedial notice).

(2) A copy of the remedial notice must be sent –

(a) to the complainant; and

(b) to each person who is the owner or occupier of the neighbouring land.

(3) The remedial notice must specify –

(a) what must be done to the high hedge by the owner or occupier of the neighbouring land and any conditions subject to which it must be done;

(b) the period during which it must be done and any part of that period during which it must not be done;

(c) anything that must be done after that period to prevent any recurrence of the adverse effect and any conditions subject to which it must be done;

(d) the consequences of not taking action to remedy the adverse effect during that period or, after that period, any action mentioned in paragraph (c); and

(e) the rights an owner or occupier of the neighbouring land has under this Law to appeal against the determination of the Minister or any requirement or condition specified in the remedial notice.

(4) The Minister may not, by a remedial notice, require –

(a) a hedge to be removed or to be reduced to a height of less than 2 metres above ground level; or

(b) require anything to be done by a date that is sooner than 28 days after a copy of the notice has been sent to each person who is the owner or occupier of the neighbouring land.

(5) While a remedial notice has effect it shall be binding on any person who is for the time being the owner or occupier of the neighbouring land.

8 Powers of entry in respect of complaints

(1) Where a complaint has been made or a remedial notice has been issued, a person authorized by the Minister may enter the neighbouring land to obtain information required by the Minister –

(a) to determine if the allegation made in the complaint is justified;

(b) where the Minister determines that it is, to decide what needs to be done to the hedge to remedy the adverse effect it is having and to prevent the recurrence of that effect;

(c) to determine whether to withdraw a remedial notice and if the Minister decides to do so, whether to issue an amended one; or

(d) to ascertain if a requirement of a remedial notice has been complied with.

(2) A person may not enter land in the exercise of a power conferred by paragraph (1) unless at least 24 hours’ notice of the intended entry has been given to every occupier of the land.

(3) A person who enters land in the exercise of a power conferred by paragraph (1) may –

(a) take with him or her other persons as may be necessary;

(b) take with him or her equipment and materials needed to obtain any required information; and

9 Minister may withdraw a remedial notice

(1) The Minister may at any time –

(a) withdraw a remedial notice; or

(b) withdraw a remedial notice and issue an amended one.

(2) The Minister must send notice of the exercise of a power under paragraph (1)(a) to each person who was sent a copy of the remedial notice.

(3) A notice sent under paragraph (2) shall have effect as if it were notification in accordance with Article 6(6).

(4) The exercise of a power under paragraph (1)(b) shall have effect as if it were the issue of a new remedial notice on a complaint made to the Minister.

10 Penalty for failure to comply with remedial notice

(1) A person who –

(a) fails to comply with a requirement of a remedial notice that binds the person; or

(b) when complying with a requirement of a remedial notice, fails to comply with a term or condition of the notice,

shall be guilty of an offence and liable to a fine of level 3 on the standard scale.

(2) An offence under paragraph (1) may be charged by reference to a day or any longer period of time and a person may be convicted of a second offence or subsequent offences under paragraph (1) by reference to any period of time following the preceding conviction for such an offence.

(3) If –

(a) a person charged with an offence under paragraph (1) has not been sent a copy of the remedial notice in accordance with Article 7(2)(b); and

(b) details of the notice are not contained in the Register of Remedial Notices maintained in accordance with Article 16,

it shall be a defence to show that the person was not aware of the existence of the notice.

11 Minister may undertake work

(1) If a person fails to comply with a requirement of a remedial notice that binds the person the Minister may –

(a) authorize a person to enter the neighbouring land and undertake what is required to be done; and

(b) recover any expenses reasonably incurred by that person in doing so from any person who is the owner or an occupier of the land as a debt due from the owner or occupier to the Minister.

(2) If the expenses are recoverable from 2 or more persons, they shall be jointly and severally liable for them.

(3) A person may not enter land in the exercise of a power conferred by paragraph (1) unless the Minister has given every occupier of the land at least 7 days’ notice of the intended entry.

(4) A person who enters land in the exercise of a power conferred by paragraph (1) may –

(a) use a vehicle to enter the land;

(b) take with him or her other persons as may be necessary;

(5) For the purpose of paragraph (1)(a), a person who carries out work under this Article must provide details of the work carried out if asked to do so by the owner or occupier of the land.

12 Appeal against determination of Minister in respect of complaint

(1) A complainant may appeal to the Royal Court against a determination by the Minister that the allegation made in the complaint by the complainant is not justified.

(2) The appeal must be made within 28 days of the complainant being notified by the Minister of the determination or within such further period as the Royal Court may consider justice requires.

(3) On the appeal the Royal Court may –

(a) confirm the determination of the Minister; or

(b) order the Minister to issue a remedial notice that specifies, in particular, what must be done to the high hedge by the owner or occupier of the neighbouring land as determined by the Court.

(4) The Minister must comply with an order made under paragraph (3)(b).

13 Appeal against determination of Minister in respect of remedial notice

(1) The owner or occupier of the neighbouring land may appeal to the Royal Court against –

(a) a determination by the Minister that the allegation made in a complaint is justified; or

(b) any requirement or condition specified in a remedial notice.

(2) The appeal must be made within 28 days of the owner or occupier being sent a copy of the remedial notice or within such further period as the Royal Court may consider justice requires.

(3) Where an appeal is made in pursuance of paragraph (1), the remedial notice shall be of no effect pending the final determination or withdrawal of the appeal.

(4) On the appeal the Royal Court may –

(a) confirm the determination of the Minister;

(b) order the Minister to withdraw the remedial notice; or

(5) The Minister must comply with an order made under paragraph (4)(b) or (c).

14 Hearings

A person appearing at a hearing by the Royal Court of an appeal under Article 12 or Article 13 may appear and be heard, either in person or by a representative, who shall be an advocate of the Royal Court or such other person as the Royal Court may by rules prescribe.

15 Other permissions

In so far as any permission is required under any other Law that permission shall be taken to have been granted to undertake work in compliance with the terms and conditions of a remedial notice.

16 Minister to maintain Register of Remedial Notices

(1) The Minister shall maintain a register, called the Register of Remedial Notices, containing details of each remedial notice that the Minister has issued and is still in force.

(2) The Minister shall make the register available for inspection by the public at all reasonable hours.

17 Conditions on entry of land

(1) A person authorized under Article 8 or Article 11 to enter land –

(a) must, if so required, produce evidence of his or her authority to do so before entering; and

(b) must produce that evidence if required to do so at any time while on the land.

(2) If, in the exercise of a power conferred by Article 8 or Article 11, a person enters land that is unoccupied or from which all of the persons occupying the land are temporarily absent, the person must on departure leave it as effectively secured against unauthorized entry as he or she found it.

(3) A person who intentionally obstructs or hinders a person acting in the exercise of a power under Article 8 or Article 11 is guilty of an offence and shall be liable to a fine of level 4 on the standard scale.

18 Responsibility

(1) If an offence under this Law that has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of –

(a) a director, manager, secretary or other similar officer of the body corporate; or

(b) a person who was purporting to act in any such capacity,

that person, as well as the body corporate, shall be guilty of the offence and be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with her or his functions of management as if the person were a director of the body corporate.

(3) A person who aids, abets, counsels or procures the commission of an offence under this Law shall also be guilty of the offence and liable in the same manner as a principal offender to the penalty provided for that offence.

19 Documents

(1) This Article applies to a complaint, notice or notification authorized or required to be made, issued, sent or given by virtue of this Law.

(2) It must be in writing.

(3) If it is to be sent to a body corporate it may be sent to the secretary or clerk of the body corporate.

(4) It may be sent to a person –

(a) by delivering it to the person;

(b) by leaving it at the person’s proper address;

(5) For the purposes of this Article and of Article 7 of the Interpretation (Jersey) Law 1954 in its application to this Article, the proper address of a person is –

(a) in the case of the secretary or clerk of a body corporate, the registered or principal office of the body corporate; and

(b) in any other case –

(i) the usual or last-known place of abode of the person, but

(ii) if the person has given the Minister an address for service, that address.

(6) If the Minister is unable to ascertain after reasonable enquiry the name or address of the owner, lessee or occupier of land to whom anything to which this Article applies is to be sent, it may be sent –

(a) by addressing it to the person to whom it is to be sent by the description of “owner”, “lessee” or “occupier” of the land (describing it) to which it relates; and

(b) by delivering it to some responsible person resident or appearing to be resident on the land, or, if there is no such person, by affixing it, or a copy of it, to a conspicuous part of the land.

20 Power to amend certain Articles by Regulations

(1) The States may by Regulations –

(a) amend Article 4 to amend the definition of “high hedge”; and

(b) amend Article 5 to extend the scope of complaints relating to high hedges to which this Law applies.

(2) Regulations made under paragraph (1) may also make such consequential amendments of this Law as the States consider appropriate.

21 Law to apply to Crown and Crown land

(1) This Law applies to the Crown and to Crown land.

(2) Nothing in this Law renders the Crown liable to prosecution for an offence under this Law.

22 Short title and commencement

(1) This Law may be cited as the High Hedges (Jersey) Law 2008.

(2) It shall come into force on the seventh day following its registration.

APPENDIX 2

Planning and Building (Jersey) Law 2002

9A Minister’s power to delegate[6]

(1) This Article applies to the functions conferred upon or vested in the Minister under –

(a) Part 3;

(b) Articles 40, 42 and 45; and

(2) The power conferred upon the Minister by Article 28(1) of the States of Jersey Law 2005 to delegate, wholly or partly, the function to which this Article applies shall include the power to delegate, wholly or partly, those functions to a panel of at least 3 elected members of the States chosen by the Minister from a group of not more than 9 such members approved by the States on the nomination of the Minister.

(3) A panel appointed under paragraph (2) to determine the grant of planning permission under Article 19 must permit members of the public to attend its meetings.

(4) The panel must give at least 3 days notice in the Jersey Gazette of a meeting –

(a) that specifies the date, time and place of the meeting and the application for planning permissions that it is to consider; and

(b) that invites members of the public to attend.

(5) At such a meeting the presiding member may request a person to leave the meeting if the member is satisfied that the person’s behaviour is prejudicing the conduct of the meeting.

(6) A person who fails to comply with such a request shall be guilty of an offence and liable to a fine not exceeding level 2 on the standard scale.

(7) Except to the extent that the Minister directs otherwise, a panel mentioned in paragraph (2) may determine its own procedures.

APPENDIX 3

States of Jersey Law 2005

Article 28 Power of Minister to delegate functions

(1) A Minister may delegate, wholly or partly, functions conferred upon or vested in the Minister by or under this Law or any other enactment or any enactment of the United Kingdom having effect in Jersey, to –

(a) one of his or her Assistant Ministers;

(b) an officer.

(2) A Minister shall not delegate –

(a) any power to make an enactment;

(b) any power to decide an appeal under an enactment;

(3) The delegation of functions by a Minister under this Article shall not prevent the Minister exercising those functions personally.

(4) Where any licence, permit or authorization is granted in purported exercise of functions delegated under paragraph (1), no criminal proceedings shall lie against any person for any act done, or omitted to be done, in good faith and in accordance with the terms of the licence, permit or authorization, by reason that the functions had not been delegated, or that any requirement attached to the delegation of the functions had not been complied with.

(5) In this Article –

“Minister” includes the Chief Minister;

“officer” means a States’ employee within the meaning of the Employment of States of Jersey Employees (Jersey) Law 2005[19] and includes a member of the States of Jersey Police Force and an officer appointed under paragraph 1(1) of Part 1 of Schedule 2 to the Immigration Act 1971 as extended to Jersey by the Immigration (Jersey) Order 1993[20].[21]

(6) The States may by Regulations amend the definition “officer” in paragraph (5).