Draft Housing (General Provisions) (Amendment No. 23) (Jersey) Regulations 200-
REPORT
1. The purpose of this amendment to the Regulations is to put into effect the provision of the new article 7A of the Housing (Jersey) Law 1949 as amended.
2. The effect of this amendment is to impose local occupancy conditions on any residential unit of accommodation that has been acquired by way of inheritance. The amendment to the Law specified that persons inheriting the land, or any unit of residential accommodation constructed at the time, or in the future, may be occupied by the inheritor. If such property is not occupied by the inheritor, the Law specifically states that the only other occupier must be a person specified in the Regulations. Accordingly this amendment has been drawn up which refers to persons qualifying under Regulation 1(1)(a)-(h), and is consistent with other similar Regulations which relate relating to pre 1949 Company owned property, and property acquired by dégrèvement.
3. This amendment is not in conflict with the Migration Policy P.25/2005 approved by the States in June 2005 in that these occupancy conditions will be carried forward in any categorisation of property as a result of any changes with the implementation of the Migration Policy.
4. There are no additional financial or manpower costs involved for the States as a consequence of this amendment.
Explanatory Note
The Housing (Amendment No. 12) (Jersey) Law 2006 amended the Housing (Jersey) Law 1949 so as to insert a new Article 7A into that Law. That Article states that land acquired by inheritance (other than by a body corporate) can only be occupied by the inheritor or by a member of a class of persons, specified in the Regulations, to which the condition inserted by Article 7A is specifically stated to apply.
These Regulations specify that class of persons and that the condition inserted by Article 7A applies to that class.
