Housing (Control of Occupation) (Sark) (Amendment) Law, 2013

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PROJET DE LOI

ENTITLED

The Housing (Control of Occupation) (Sark) (Amendment) Law, 2013

THE CHIEF PLEAS OF SARK, in pursuance of their Resolution of the 10^th April, 2013, 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 Sark.

Definition of "ordinarily resident".

1. (1) Immediately after section 5(9) of the Housing (Control of Occupation) (Sark) Law, 2011[a], insert the following additional subsections -

"(10) Subject to subsection (11), for the purposes of this section -

(a) a person shall be regarded as ordinarily resident in Sark in any year if and only if he is in the Island for an aggregate of not less than 273 days during that year,

(b) notwithstanding the provisions of paragraph (a), a person does not cease to be ordinarily resident in Sark during any period by reason only of the fact that during that period -

(i) he is engaged, elsewhere than in Sark, in full-time education or training at an establishment which is, or which is comparable to, a university, college or school,

(ii) he is undergoing treatment or care, elsewhere than in Sark, for a medical condition which cannot practicably or reasonably be treated in Sark,

(iii) he is serving, elsewhere than in Sark, a sentence of imprisonment or youth detention, and (for the avoidance of doubt) this sub-paragraph shall apply to any period during which a person is required to reside, elsewhere than in Sark, for the purposes of compliance with any conditions attached to any parole licence or any comparable post-custodial conditions,

(iv) he is serving, elsewhere than in Sark, in the armed forces of the Crown or in the Merchant Navy.

(11) Subsection (10) shall apply only for the purpose of determining whether a person is ordinarily resident in Sark during any year beginning on or after the date of commencement of that subsection and shall not apply in respect of any year beginning but not completed before such date."

Interpretation.

2. The Interpretation (Guernsey) Law, 1948[b] applies to the interpretation of this Law as it applies to the interpretation of an enactment in force in the Island of Guernsey.

Citation.

3. This Law may be cited as the Housing (Control of Occupation) (Sark) (Amendment) Law, 2013.

Commencement.

4. This Law shall commence on the date of its registration on the records of the Island of Sark.

table
[a]	Order in Council No. IV of 2013.
[b]	Ordres en Conseil Vol. XIII, p. 355.