Housing (Control of Occupation) (Amendment) (Guernsey) Law, 2001

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Please note that this Law has been repealed by - Population Management (Guernsey) Law, 2016.

PROJET DE LOI

ENTITLED

The Housing (Control of Occupation) (Amendment) (Guernsey) Law, 2001

THE STATES, in pursuance of their Resolution of 14th March, 2001[a], have approved the following provisions which, subject to the Sanction of Her Most Excellent Majesty in Council, shall have force of law in the Island of Guernsey.

Amendment of Law of 1994.

1. The Law of 1994 is amended as set out in the Schedule.

Interpretation.

2. In this Law, unless the context otherwise requires-

"the Law of 1994" means the Housing (Control of Occupation) (Guernsey) Law, 1994[b], as amended; and

"the Schedule" means the schedule to this Law.

Citation.

3. This Law may be cited as the Housing (Control of Occupation) (Amendment) (Guernsey) Law, 2001.

Collective title.

4. This Law and the Housing (Control of Occupation) (Guernsey) Laws, 1994 and 1998 may be cited together as the Housing (Control of Occupation) (Guernsey) Laws, 1994 to 2001.

Section 1

SCHEDULE

Amendment of Law of 1994

Amendment of section 20.

1. In section 20 -

(a) in the title, insert the word and letter "and C" after the letter "B"; and

(b) in the text, after the word and letter "Part B" insert "or C".

Amendment of section 21.

2. In section 21 -

(a) in the title, delete the letter and word "C or"; and

(b) in the text, delete the letter and word "C or".

Amendment of section 30.

3. In section 30, after "sections 31," insert "34(2),".

Amendment of section 34.

4. In section 34 -

(a) after the figures and punctuation mark "34.", insert "(1)";

(b) after subsection (1) (as created by subparagraph (a)) insert -

"(2) Where the owner of a single dwelling created by the combination of no more than two dwellings in the circumstances described in subsection (1) (referred to in this subsection as "the single dwelling"), is also the owner of another dwelling which is deleted from Part A of the Housing Register under section 33 or 35, the Authority may, upon application made to it in that behalf no later than 6 months after the date of deletion from Part A of that other dwelling, inscribe the single dwelling in Part A of the Housing Register by way of substitution for the deleted dwelling."

Amendment of section 39.

5. For section 39 substitute the following -

"Transfers from Part B.

39. Where a dwelling inscribed in Part B of the Housing Register ceases to be a hotel, the Authority shall delete the inscription relating to the dwelling from Part B of the Register and, if the dwelling -

(a) was, on the 31st October 1982, inscribed in the Register of 1975; or

(b) was, immediately prior to its inscription in Part B of the Housing Register, inscribed in Part A thereof;

shall inscribe the dwelling in Part A of the Housing Register."

Amendment of section 49.

6. In section 49 for "States may by Ordinance provide that those premises shall be included" substitute "Authority may, upon application being made to it by the owner, include the premises".

Amendment of section 52.

7. In section 52(2), after "3 months" insert ", or such other period as may be specified in the Ordinance,".

Amendment of section 54.

8. (1) In section 54(1) -

(a) in paragraph (a) delete "or some other qualified resident"; and

(b) delete "(or, after his death, his spouse if living with him on the date on which it was so inscribed shall not)".

(2) In section 54(2) delete "(or, after his death, his spouse if living with him at the date of his death shall not)".

(3) In section 54(4) delete "(or, after his death, his spouse if living with him at the date of his death shall not)".

(4) In section 54(6) delete "(or, after his death, his spouse if living with him at the date of his death)".

(5) In section 54(6)(a) delete "or his spouse, as the case may be,".

(6) For section 54(6)(b) substitute -

"(b) if he, pursuant to section 33, causes to be deleted from Part A of the Register the inscription relating to a dwelling of which he is the sole or joint owner.".

Amendment of section 71.

9. In section 71(1) -

(a) after the definition of "contravention" insert-

" "controller" means, in relation to a body corporate, a person, or a person and his or her spouse together, having a controlling interest in that body corporate as defined in paragraph (a) of the definition of the phrase "controlling interest" contained in this section;";

(b) after subparagraph (i) of paragraph (b) of the definition of "owner", insert-

" (ii) if the dwelling is inscribed in Part B, C or D of the Housing Register and is owned by a body corporate, that body corporate and any controller of that body corporate;"; and

[a]	Article VIII of Billet d'État No. III of 2001.
[b]	Orders in Council No. IV of 1994 and No. VI of 1998.