Parochial Collection of Refuse (Guernsey) Law, 2001

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Please note that this Law has been repealed by - Parochial Collection of Waste (Guernsey) Law, 2015.

PROJET DE LOI

ENTITLED

The Parochial Collection of Refuse (Guernsey) Law, 2001

THE STATES, in pursuance of their resolution of the 11^th day of May, 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.

Collection and disposal of refuse.

1. (1) The Douzaine of a parish shall make such arrangements as may be necessary for the regular collection and disposal of refuse from dwelling houses and tenement houses in the parish.

(2) The cost of such collection and disposal and of any incidental matters connected therewith -

(a) shall be defrayed out of monies provided by the levy of an annual rate (the "refuse rate") in accordance with the provisions of this Law;

(b) shall, in respect of any year, be of such amount as is approved by a parish meeting prior to the Constables making an application under section 3 for permission to levy the refuse rate for that year.

(3) The Douzaine of a parish may impose reasonable limitations on the quantity of refuse it will collect from any dwelling house or from any tenement house in the parish.

Refuse rate.

2. (1) The refuse rate shall be levied by the Douzaine in respect of dwelling houses and tenement houses in the parish; and -

(a) in the case of dwelling houses, shall be levied on the occupier;

(b) in the case of tenement houses, shall be levied on the owner.

(2) The refuse rate shall become due -

(a) on the first day of the year to which it relates; or

(b) on the day of the granting by the Royal Court of an order under section 3(1) authorising the levy thereof;

whichever is later.

(3) The refuse rate shall be payable by the person who on the day specified in subsection (2) is -

(a) in the case of a dwelling house, the occupier;

(b) in the case of a tenement house, the owner;

and, where more than one person is the occupier or, as the case may be, the owner, their liability shall be joint and several.

(4) The refuse rate -

(a) shall be assessed by the Douzaine on the rateable value of dwelling houses and tenement houses in the parish; and

(b) shall, in respect of each year, be of such amount in the pound of the rateable value of such premises as may be necessary to provide the monies to defray the cost of the collection and disposal of refuse during that year and of any incidental matter connected therewith.

(5) The refuse rate levied in respect of a tenement house on the owner thereof shall be recoverable by him as a civil debt from the occupiers thereof in equal shares.

(6) An occupier or owner of any premises who, having become liable under subsection (3) or (5) for the payment of the refuse rate for those premises in respect of any year, subsequently during that year ceases to occupy or (as the case may be) own those premises shall be entitled to recover from the subsequent occupier or (as the case may be) owner thereof such part of the refuse rate as bears the same proportion to the whole of the refuse rate for those premises for that year as the unexpired portion of that year bears to the whole of that year.

(7) In subsection (6) the expression "premises" means a dwelling house, tenement house or (as the case may be) part of a tenement house.

Application to Royal Court.

3. (1) The Douzaine may not levy a refuse rate in relation to any year unless authorised to do so by an order of the Royal Court.

(2) An application for an order under subsection (1) shall be made by the Constables and shall specify the amount in the pound of the rateable value of the dwelling houses and tenement houses in the parish which it is proposed to levy as the refuse rate for the year in question.

(3) Notice of the date and time on which it is proposed to make an application for an order under subsection (1) shall be published by the Constables in La Gazette Officielle.

(4) The occupier of a dwelling house or the owner of a tenement house in the parish may oppose an application for an order under subsection (1).

Douzaine to specify days of collection.

4. The Douzaine shall, by notice published in La Gazette Officielle, specify the day or days on which the collection of refuse will take place; and different days may be specified for different parts of the parish.

Private agreements not affected.

5. For the avoidance of doubt it is hereby provided that the Douzaine of any parish has power (and shall be deemed always to have had power) to enter into agreements with any person in respect of -

(a) the collection and disposal of -

(i) additional quantities of household refuse; and

(ii) non-household refuse; and

(b) the levying of charges to cover the cost of such collection and disposal and of any incidental matters connected therewith.

Interpretation.

6. (1) In this Law, unless the context requires otherwise -

"dwelling house" means any premises, or any part of any premises, wholly or principally used or usable for the purposes of human habitation, and includes -

(a) any self-catering tourist accommodation; and

(b) any flat;

but excludes -

(i) any premises or part of any premises (not being self-catering tourist accommodation) in respect of which there is in force a boarding permit granted under section 3 of the Tourist Law, 1948[b]; and

(ii) any tenement house;

"flat" means a separate and self-contained set of premises constructed for the purposes of human habitation and forming part of a building from some other part of which it is divided horizontally;

"household refuse" and "refuse" means household refuse from a dwelling house or tenement house;

"non-household refuse" means refuse which is not household refuse from a dwelling house or tenement house;

"occupier" means, in relation to an unoccupied dwelling house, the owner;

"owner", in relation to any real property, means -

(a) where the property is the subject of saisie proceedings which have resulted in the making of an interim vesting order, the person in whose favour the order has been made;

(b) where the property is not the subject of such saisie proceedings but is the subject of a vested right of usufruct, the usufructuary;

(i) where the property is held in trust, the trustees; or

(ii) where the property is not held in trust, the person in whom there is for the time being vested, whether solely or jointly with another person, an estate of inheritance therein;

and cognate expressions shall be construed accordingly;

"rateable value" means the rateable value inscribed in the Cadastre prepared and maintained under the Cadastre Law, 1947[c], being the rateable value so inscribed on the 31^st December in the calendar year preceding that in which the refuse rate becomes due;

"refuse rate" has the meaning given by section 1(2)(a);

"Royal Court" means the Royal Court sitting as an Ordinary Court;

"tenement house" means a dwelling place, other than a flat, which is occupied by more than one family or which is wholly or partly let in lodgings;

"year" means any period of 12 consecutive months.

(2) In this Law the expressions "dwelling house" and "tenement house" include anything classified therewith in categories A to H (as the case may be) for the determination of annual rental values in accordance with the Ordinance of 1948 enacting the Cadastre Law, 1947 Rules[d].

(3) References in this Law to an enactment are references thereto as from time to time amended, repealed or replaced (with or without modification), extended or applied.

Repeals.

7. The enactments specified in Schedule 1 are repealed.

Amendments.

8. The amendments specified in Schedule 2 shall have effect.

Power to amend by Ordinance.

9. The States may by Ordinance amend the provisions of this Law; and an Ordinance under this section -

(a) may be amended or repealed by a subsequent Ordinance hereunder; and

(b) may contain such consequential, incidental, supplementary and transitional provision as may appear to be necessary or expedient.

Savings.

10. Any monies lawfully collected by or on behalf of a Douzaine under the provisions of any enactment repealed by this Law may be applied by the Douzaine in contribution towards the refuse rate to be levied under this Law.

Citation.

11. This Law may be cited as the Parochial Collection of Refuse (Guernsey) Law, 2001.

Commencement.

12. This Law shall come into force in respect of any parish on the day of the commencement of that parish's financial year next occurring after the date of registration of this Law on the Island's records; provided that a Douzaine may, before that date, make any necessary application to the Royal Court for an order under section 3(1).

SCHEDULE 1

Section 7

ENACTMENTS REPEALED

1. The Law entitled "Loi relative au Rebut de Maisons dans certains districts de la Paroisse de Saint Samson" registered on the 27^th February, 1909[e].

2. Article 1(p) of the Law entitled "Loi relative à la Taxation Paroissiale" registered on the 27^th October, 1923[f].

3. The Refuse (Forest) (Guernsey) Law, 1957[g].

4. The Parochial Collection of Refuse (Guernsey) Law, 1958[h].

5. The Parochial Collection of Refuse (Application to the Parish of Torteval) Ordinance, 1959[i].

6. The Parochial Collection of Refuse (Application to the Parish of Saint Saviour) Ordinance, 1959[j].

7. The Parochial Collection of Refuse (Application to the Parish of Saint Peter-in-the-Wood) Ordinance, 1959[k].

8. The Parochial Collection of Refuse (Saint Martin) Ordinance, 1993[l].

9. The Parochial Collection of Refuse (Guernsey) (Amendment) Law, 1993[m].

10. The Parochial Collection of Refuse (Saint Martin) Ordinance, 1995[n].

11. The Parochial Collection of Refuse (Saint Andrew) Ordinance, 1998[o].

SCHEDULE 2

Section 8

AMENDMENTS

1. In Part I of the Schedule to the Tax on Rateable Values (Guernsey) Ordinance, 1976[p] -

(a) in Category I for the words "Tourist premises" in column 1 substitute "Tourist premises, other than self-catering tourist accommodation";

(b) after Category N insert an additional category "P" and -

(i) in column 1 of that Category insert "Tourist premises comprising self-catering tourist accommodation"; and

(ii) in column 2 thereof insert "£2.48.";

(c) in Category Z for the words "Multiple use premises" in column 1 substitute "Real property not comprised in any other Category.".

2. In Part II of the Schedule to the Tax on Rateable Values (Guernsey) Ordinance, 1976[q] -

(a) in the definition of the expression "dwelling house" for the words "a flat" substitute "any self-catering tourist accommodation and any flat";

(b) the definition of the expression "multiple use premises" is repealed.

3. In section 5(1) of the Parochial Taxation (Reserve Funds) (Guernsey) Law, 1997[r], for the definition of the expression "the Refuse Laws" substitute the following -

""the Refuse Laws" means the Parochial Collection of Refuse (Guernsey) Law, 2001 and any Ordinance made thereunder;".

4. In Article II of the Law entitled "Loi relative à la Taxation Paroissialle" registered on the 27^th October, 1923[s] after the words "la valeur contribuable", where first appearing, insert "(enoncée le trente et un décembre en l'année précédente celle dans laquelle la taxe est levée)".

[a]	Article V of Billet d'État No. VIII of 2001.
[b]	Ordres en Conseil Vol. XIII, p. 329; section 3 was amended by Vol. XXI, p. 104; Vol. XXVIII, p. 275; and No. XI of 1998.
[c]	Ordres en Conseil Vol. XIII, p. 78; there are amendments not material to this Law.
[d]	Recueil d'Ordonnances Tome IX, p. 205; there are amendments not material to this Law.
[e]	Ordres en Conseil Vol. IV, p. 244.
[f]	Ordres en Conseil Vol. VII, p. 146.
[g]	Ordres en Conseil Vol. XVII, p. 227.
[h]	Ordres en Conseil Vol. XVII, p. 486.
[i]	Recueil d'Ordonnances Tome XII, p. 198.
[j]	Recueil d'Ordonnances Tome XII, p. 201.
[k]	Recueil d'Ordonnances Tome XII, p. 376.
[l]	Recueil d'Ordonnances Tome XXVI, p. 281.
[m]	Order in Council No. VII of 1993.
[n]	Recueil d'Ordonnances Tome XXVI, p. 369.
[o]	Ordinance No. IX of 1998.
[p]	Recueil d'Ordonnances Tome XX, p. 456; Part I of the Schedule was substituted by Ordinance No. XXIII of 2000.
[q]	Recueil d'Ordonnances Tome XX, p. 456.
[r]	Order in Council No. XII of 1997.
[s]	Ordres en Conseil Vol. VII, p. 146; Article II was substituted at Vol. XIII, p. 351.