Frequently Asked Questions

Here is a list of frequently asked questions about the resources within this site. Please select the relevant question below or, if you cannot find the information you are looking for please email [email protected].

Please select the link below which best matches your query:

We hope you will find the answer to your question on this page. If, however, your question isn't covered here, please send an email to [email protected]   

Why should I subscribe to the site?

A subscription will give you access to the Guernsey Law Reports. This are currently available for the period 1997 to 2020. 

What are the registration fees?

The majority of the website content is free to view, however, the Guernsey Law Reports are only accessible once you have become a registered subscriber or purchased an individual item. The Registration Fees are detailed below.

Bailiwick of Guernsey Law firm: £549 per annum per advocate

Business based in the Bailiwick of Guernsey (excluding on-Island Law firms): £921 per annum

Business based outside of the Bailiwick of Guernsey: £921 per annum

Private individuals: 1-month subscription: £48

3-month subscription: £137

6-month subscription: £274

12-month subscription: £549

Purchase of individual documents: £12 per item

If you believe there are special circumstances which mean you should have free access to certain items - for example, you are representing yourself in court proceedings - please contact the website administrator at: [email protected].

Purchasing individual items without a subscription

It is possible to purchase an individual Law Report without purchasing a subscription. Once you have purchased an item you have 24-hours to download it from the website via your account page.

How does a registered charity access the site?

Registered charities will be given free access to all website content. Please email the website administrator at [email protected] to request access and include the name and address of the charity. 

What is a consolidated text?

Consolidated texts are a valuable up-to-date legal resource that ‘consolidate’ the original legislation by incorporating all amendments to it. This enables you to see the legislation as it stands today without having to consult all the other pieces of legislation that have subsequently amended it, which in some cases are numerous. The consolidated texts also list all legislation made under the law and cite post-2000 judgments which have referred to it. Consolidated texts can be distinguished from original versions of the legislation by the words '(Consolidated text)' at the end of the file name. Consolidated texts, while believed to be accurate, are not authoritative. They have no official status and are produced solely to assist the user.

If a consolidated text has been produced it will sit underneath the copy of the original text in the Laws, Ordinances and Statutory Instruments subject categories. You can also refine your search results to only show consolidated texts by selecting the ‘filter by Consolidated Text’ option. 

Should you wish to have access a specific previous Consolidated Text, please email [email protected]. 

What legislation has been consolidated?

Consolidated texts are only produced if the original enactment has been amended by another enactment. The website contains: consolidated texts of all post-1950 Laws and Ordinances; consolidated texts of most 1900 – 1949 Laws and Ordinances; and a small selection of consolidated Statutory Instruments and Orders of the Royal Court. 

How quickly are updated consolidated texts published?

We aim to post revised consolidated texts within 2-weeks of an amendment coming into force. 

What is a Guernsey Law Report?

The Guernsey Law Reports provide a systematic and comprehensively indexed Law Reporting system of decisions of Courts in the Bailiwick of Guernsey and Bailiwick cases heard by Judicial Committee of the Privy Council, as well as relevant cases in the European Court of Human Rights and the European Court originating in the Bailiwick. They provide easy access to the Island’s case law and make it easier for members of the legal profession and the community to access important judgments.

The Guernsey Law Reports are produced on behalf of the Royal Court by Law Reports International in Oxford, which is also the official publisher of Law Reports for other Crown Dependencies, as well as other offshore jurisdictions, such as Cayman Islands and Gibraltar. An editorial committee in Guernsey, consisting of representatives of the Royal Court, makes recommendations to Law Reports International on those judgments which are sufficiently significant to warrant either a full report or a note in the Guernsey Law Reports. 

What is a Projet de Loi?

When a law has been drafted it is called a Projet de Loi (literally a draft Law), which is the same as a Parliamentary Bill in England. As such, a Projet de Loi cannot come into force until it has been approved by the King in Council (by Order in Council) and registered by the Royal Court. A Projet de Loi that has received Royal Sanction is sometimes referred to as an Order in Council, but more normally as a Law.

Projets de Loi in general deal with those areas where the States of Deliberation do not have customary powers to enact Ordinances, or where Laws are perceived to be necessary, for example, to create any new tax (eg, the Income Tax Law), to regulate rights of property (eg, the Land Planning and Development Law) or to amend the customary law e.g. the law of inheritance (eg, the Law Reform (Inheritance and Miscellaneous Provisions) (Guernsey) Law). 

What is an Ordinance?

Guernsey Ordinances are passed by the States of Deliberation of Guernsey and do not require the approval of the King in Council; unless there is some provision to the contrary (which is quite common) they come into effect once they have been approved by the States.

Ordinances passed by the States of Deliberation are of two categories - they are made either under the authority of a Law or under inherent customary powers. This latter inherent power was transferred under the Reform (Guernsey) Law, 1948 from the Royal Court of Guernsey to the States.

Many Laws give the States of Deliberation powers to pass Ordinances. For example the Social Insurance Laws give the States of Deliberation power to set the rates of contribution and benefit by Ordinance. These Ordinances could be described as secondary legislation whereas the Ordinances made under inherent customary powers are effectively "primary" legislation (in so far as they are not enacted under any statutory enabling provision). Both categories of Ordinance however have the same status and effect.

Examples of Ordinances which have been enacted under customary powers, not under a Law, are those relating to liquor licensing, fishing, regulation of the Bar and most matters concerning public highways and road traffic.

Alderney Ordinances are passed by the States of Alderney and Sark Ordinances by the Chief Pleas of Sark. 

What is an Unreported Judgment?

Unreported Judgments are a reasoned Judgments or Jugements motivés handed down by the Royal Court, the Court of Appeal and the Magistrate's Court. These are then issued by HM Greffier in electronic (PDF) format. Some are later selected for publication in full or in note form in the Guernsey Law Reports.

Judgments in matrimonial and family cases, especially those involving minors, are issued in anonymised form. 

How will I know if the legislation I am looking at has been repealed?

The more recent laws, which can be viewed in your browser as well as downloaded in 'PDF' format, will have a note at the top of the page if they have been repealed by a subsequent law. In any case, the law you are interested in might have a 'consolidated version' counterpart which, although not legally authoritative, constitutes a useful resource for digesting inter-related laws and ordinances.

Why do some Ordinances have two dates in the title?

Prior to the enactment of the Reform (Guernsey) Law, 1948, Ordinances were enacted by the Royal Court of Guernsey. Some Ordinances were entitled 'Provisional' or 'Provisoire' and were time limited. Some of these Provisional Ordinances were 'renewed' many times and some were renewed as 'Permanent' Ordinances. Ordinances which have two dates in the title - such as the 'Ordonnance relative à l'Entretien des Enfants Illégitimes, 1928 (1932)' - are examples of Ordinances which were first made as a Provisional Ordinance (the first date in the file name) and then as a Permanent Ordinance (the second date in the file name). 

Where can I find draft legislation?

Once finalised drafts of legislation have been approved by the sponsoring Committee and the Legislation Review Panel they are submitted H.M. Greffier to be presented to the States of Deliberation. Draft legislation lodged with H.M. Greffier can be accessed at www.gov.gg 

Where can I obtain official printed copies of legislation?

These can be purchased from the Office of H M Greffier by telephoning (01481) 225277 or writing to The Greffier, The Royal Court House, St James Street, St Peter Port, GY1 2NZ. 

Can I purchase printed copies of the Guernsey Law Reports?

If you are a resident of the Channel Islands, then inquiries about subscribing to the Guernsey Law Reports should be directed in writing to The Guernsey Law Reports, Royal Court House, St James Street, St Peter Port, Guernsey, GY1 2NZ, or by telephoning (01481) 225277.

If you are not a resident of the Channel Islands, then inquiries about subscribing to the Guernsey Law Reports should be directed in writing to Law Reports International, 2 St Aldate's Courtyard, Oxford, OX1 1BN, United Kingdom, or by telephoning +44(0)1865 794638. 

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I have noticed an error with the website, who should I report it to?

If any errors are detected in the text it would be helpful if users could please contact [email protected] so that these may be corrected. 

         





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