ISLAND OF SARK. MICHAELMAS MEETING of the CHIEF PLEAS to be held on WEDNESDAY 4 th OCTOBER 2017 at AM in the ASSEMBLY ROOM.

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1 ISLAND OF SARK MICHAELMAS MEETING of the CHIEF PLEAS to be held on WEDNESDAY 4 th OCTOBER 2017 at AM in the ASSEMBLY ROOM. AGENDA 1. MATTERS ARISING from the Midsummer Meeting of Chief Pleas held on Wednesday, 5 th July QUESTIONS Not Related to the Business of the Day. 3. DOUZAINE: To Elect a Constable to replace Mr G R Williams, whose term of Office expires. (See Note 1). 4. DOUZAINE: To Elect a Vingtenier to replace Mr P Burgess, whose term of Office expires. 5. To CONSIDER a Report from the POLICY and PERFORMANCE COMMITTEE entitled The Affiliation Proceedings (Sark) Law, 2017 and approve a Projet de Loi entitled The Affiliation Proceedings (Sark) Law, 2017 (copies enclosed). 6. To CONSIDER a Report from the POLICY & PERFORMANCE COMMITTEE entitled Reduction in Number of Conseillers from 28 to 24 and to Approve the Ordinance entitled The Reform (Sark) Law, 2008 (Amendment) Ordinance, 2017 (copies enclosed). 7. To CONSIDER a Report from the POLICY and PERFORMANCE COMMITTEE entitled The Reform (Sark) (Amendment) Law, 2017 and approve a Projet de Loi entitled The Reform (Sark) (Amendment) Law, 2017 (copies enclosed). 8. To CONSIDER a Report from the POLICY & PERFORMANCE COMMITTEE entitled Electronic Transactions and Cheque Imaging Legislation and to Approve the Ordinance entitled The Electronic Transactions (Commencement and Cheque Imaging) (Sark) Ordinance, 2017 (copies enclosed). 9. To CONSIDER a Report from the POLICY & PERFORMANCE COMMITTEE entitled The Public Holidays (Sark) Ordinance, 2017 and to Approve the Ordinance entitled The Public Holidays (Sark) Ordinance, 2017 (copies enclosed). 10. To CONSIDER a Report with Proposition from the POLICY & PERFORMANCE COMMITTEE entitled Term of Office of the Deputy Speaker (copy enclosed). 11. To CONSIDER a Report with Proposition from the POLICY & PERFORMANCE COMMITTEE entitled The Control of Occupation and the Post of Senior Administrator (copies enclosed). 1

2 12. To CONSIDER a Report with Proposition from the POLICY & PERFORMANCE COMMITTEE entitled New Shape and Functioning of Chief Pleas (copy enclosed). 13. To CONSIDER a Report with Proposition from the POLICY & PERFORMANCE COMMITTEE entitled The Role of the Senior Administrator (copy enclosed). 14. To CONSIDER a Report with Proposition from the POLICY & PERFORMANCE COMMITTEE entitled Report from the Panel on the Interviews for The Independent Commissioner, The Control of Electricity Prices (Sark) Law, 2016 (copy enclosed). 15. To CONSIDER a Report with Proposition from the POLICY & PERFORMANCE COMMITTEE entitled Securing Sark s Future Progress Report (copy enclosed). 16. To CONSIDER a Joint Report with four Propositions from the AGRICULTURE, ENVIRONMENT, SEA FISHERIES & PILOTAGE and POLICY & PERFORMANCE COMMITTEES entitled The Dairy Industry in Sark (copy enclosed). 17. To CONSIDER a Report with Proposition from the AGRICULTURE, ENVIRONMENT, SEA FISHERIES & PILOTAGE COMMITTEE entitled Sark Slaughterhouse Upgrade (copy enclosed). 18. To CONSIDER a Report with two Propositions from the FINANCE & RESOURCES COMMITTEE entitled 2018 Budget and Taxation (copy enclosed.) 19. To CONSIDER a Report with Proposition from the DOUZAINE entitled Procureur des Pauvres and Deputy Procureur des Pauvres (copy enclosed). 20. To CONSIDER a Report with Proposition from the ROAD TRAFFIC COMMITTEE entitled Harbour Hill Transport Contracts (copy enclosed). 21. COMMITTEE ELECTIONS: To ELECT Conseillers to Committees, as required. 22. To CONSIDER an Information Report from the EDUCATION COMMITTEE entitled Annual Report on Sark School (copy enclosed). *** Ordinance Laid Before Chief Pleas The North Korea (Restrictive Measures) (Sark) Ordinance,

3 Sark Statutory Instrument 2017 No. Laid Before Chief Pleas The Electronic Transactions (Exemptions) (Sark) Order, th September 2017 Arthur Rolfe Speaker of Chief Pleas Notes: 1. A Report from the Constable is enclosed. Anyone wishing to see any of the Reports and Supporting Papers may do so at the Committee Support Office, Tuesday Thursday, between 2.30pm and 4.30pm and at other times when the offices are open; copies may be obtained from the Committee Support Office. The Agenda, Reports and Supporting Papers may also be seen on the Sark Government Website at 3

4 ITEM 5 POLICY AND PERFORMANCE COMMITTEE Report with proposition to Michaelmas Chief Pleas, 4 th October 2017 THE AFFILIATION PROCEEDINGS (SARK) LAW, 2017 Discussion of the proposals for this Law, as attached, was first brought to Easter Chief Pleas 2017 (Item 28). The purpose of it is to bring Sark closer to achieving its desired outcome for children, as stated in the Securing Sark s Future policy, that the children of Sark are afforded the same or better protection than their counterparts in other parts of the developed world. The benefit of it is that the child, whose welfare will be the first consideration of the Court, will be adequately supported in childhood and that consequently any potential reliance on the Procureur is reduced. At Midsummer Chief Pleas 2017 an Explanatory note (Appendix 1), of the proposed provisions, in layman s terms, was presented and was also used for public Consultation, running from 14 th July to 14 th August. There were 18 responses received, the majority of which agreed with the Law going forward. Several replies raised points that were not directly related to the Law. Some were of a very personal nature and clearly identified the sender. These, for obvious reasons, cannot go into the public domain and are therefore not included in Appendix 1. A redacted summary of the remainder of the responses is attached. (Appendix 2). The Committee has taken into account all the responses received and the finalised Projet de Loi is presented for approval. The substantive provisions are as outlined in the Explanatory note mentioned above. (Appendix 1). Proposition That Chief Pleas approves The Affiliation Proceedings (Sark) Law, Conseiller Hazel Fry Deputy Chairman, Policy and Performance Committee

5 Appendix 1 Explanatory note: The Affiliation Proceedings (Sark) Law, 2017 It is proposed that a woman who is pregnant or who has given birth may apply to the Court of the Seneschal (a) for a declaration as to the paternity of the child and (b) for an order that the father be required to make payments to the child s mother in support of the child. The application must first be served on the alleged father who will have opportunity to give evidence, first as to whether or not he is the father of the child and second, as to his financial means and ability to pay maintenance. Such an application may also be made by a person other than the mother who has parental responsibility for a child. The paramount consideration of the Court, as always, will be the welfare of the child, but the Court will also be obliged to take into account the financial needs and resources of the child, any physical or mental disabilities which might affect the child s needs, and the earning capacity and financial resources and other financial responsibilities of both the applicant and the father of the child. The Court may, subject to these considerations, order the father to make periodical payments and/or a lump sum in respect of the child s maintenance and birth expenses. An interim order for periodical payments may be made pending a final decision. Generally speaking an order will be valid, subject to any variation (or even revocation) subsequently made on the application of either parent, until the child reaches the age of 18; but the Court may extend this period if the child remains in education or vocational training after that age. Any application for a variation will require further evidence to be heard. The Court has wide powers to order payments by instalments or to allow time for payment, and has power, where arrears of payments have accumulated, to reduce or waive the obligation to pay the arrears, if this appears just in all the circumstances. The Court may order an arrest of wages if it thinks fit for the purpose of enforcing the order, having regard to the father s means. Proceedings may be heard in private and separately from other Court business. There is a right of appeal from the Court of the Seneschal to the Matrimonial Causes Division of the Royal Court against any order or refusal to make an order. June 2017

6 APPENDIX 2 Responses to Consultation July 2017 on the Creation of a Statutory Affiliation Jurisdiction in Sark 14 July I am pleased to hear that there are suggestions being made to introduce laws in regard to maintenance for illegitimate children (other points raised in this response were not directly related to the proposed Law). 17 July I very much agree with fathers making payments in support of an illegitimate or legitimate child and therefore am in favour of having the Affiliation Proceedings (Sark) Law 2017 in place. 17 July I wholeheartedly support the introduction of this legislation in order to give paramount consideration to the welfare of illegitimate children. Thank you for giving this very important matter your attention. 17 July I write further to your consultation on the creation of a statutory jurisdiction in Sark and the proposed above mentioned legislation. I am pleased to confirm that I support the introduction of a clear statutory regime in order to give the mother of illegitimate children a means of applying to the Court of the Seneschal for support for their children. 18 July I completely support the whole concept of a father/parent having to financially support their child with whatever it takes to make sure the child is supported by either parent. 18 July High time to set this up. Law Officers Explanatory Note: Para 1 Yes ; Para 2 Yes Behind all this is unguarded sex both men & women have good freedoms, but this involves responsibility a strong, guiding force to take it on. 20 July -Thank you for dealing with this necessary legislation. Sometimes it is fathers who have the responsibility for bringing up their children and the law should cover this..(other points raised in this response were not directly related to the Law) 22 July This response raised legal issues, not directly related to the Law. The contributor, who chose to identify themselves, will be replied to separately. 24 July I fully support this proposed law as far as it goes, but I do think that both parents should be legally obliged to financially support their children regardless of whether they are married. If separated, either parent should be responsible for paying maintenance depending on which parent the child lives with, or both parents to pay if the child lives with another relative. If the family privately agrees about the costs between themselves and there is no dispute or request for assistance from Sark budgets, then that is fine so long as the child is adequately supported. 25 July This response raised legal issues and the contributor, who chose to identify themselves, will be replied to separately. 31 July The title of your consultation was a mystery to me until I read further. I think it might have been a help to put it in simpler English for those not of a legal mind! However, Page 1 of 2

7 the gist of what you are getting at I would agree with wholeheartedly as at the moment there seems to be serious loopholes whereby the father (it is usually the father) fails to contribute to the welfare of his child, once it is established that he is the father. The welfare of the vulnerable child is paramount. It takes two people to produce a child so both parents should take responsibility for his/her wellbeing. I would be keen for every effort be made to get Sark law on the maintenance of illegitimate children up to date as soon as possible. Long disputes on maintenance for a child is certainly not in the interest of the child, and only has long term negative effects on his/her wellbeing. 1 August A much needed piece of legislation it makes perfect sense to bring this forward. A changing attitude and times sometimes means that it is easy to say not my problem or responsibility this legislation will take Sark forward on this highly important issue. 9 August We support the creation of a Statutory Affiliation Jurisdiction in Sark, the law to be known as The Affiliation Proceedings (Sark) Law 2017, as this will assist the Courts when dealing with issues surrounding illegitimate children and complement the Children Law that has recently been introduced. PLEASE TAKE THIS AS TWO CONSULTATION RESPONSES. 11 August Clarification on the question of affiliation and the power to make maintenance orders in respect of illegitimate children is to be welcomed. 14 August -.The creation of a Statutory Affiliation Jurisdiction is necessary, as the absence of measures to ensure the support of illegitimate children is unfair and out of step with social changes over the last forty years.(personal and confidential statements). To reiterate, in general I believe The Affiliation Proceedings (Sark) Law 2017 is a useful addition Sark s legal means to protect the welfare of children. 14 August (a very personal response the comments are not directly related to the Law. The sender is known and will be replied to separately). It concludes Please feel free to use this if you feel it would help bring about a new law to protect unmarried men and women on Sark. 14 August While I support the need for fathers to be responsible and pay maintenance for their illegitimate children, is it really necessary to state the obvious? This was followed by four pages of legal questions, directly related to The Affiliation Proceedings (Sark) Law, Page 2 of 2

8 PROJET DE LOI ENTITLED The Affiliation Proceedings (Sark) Law, 2017 ARRANGEMENT OF SECTIONS 1. Commencement of affiliation proceedings. 2. Powers of the Court. 3. Matters to which the Court is to have regard. 4. Duration of orders. 5. Interim orders. 6. Variation, etc. of periodical payments. 7. Payments made by mistake. 8. Payment of lump sum by instalments. 9. Power to remit arrears. 10. Appeals. 11. Enforcement. 12. Procedure. 13. Service. 14. Rules of Court. 15. Interpretation. 16. Repeal. 17. Citation. 18. Commencement.

9 PROJET DE LOI ENTITLED The Affiliation Proceedings (Sark) Law, 2017 THE CHIEF PLEAS OF SARK, in pursuance of their Resolution of the 4th October, 2017, 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. Commencement of affiliation proceedings. 1. (1) A single woman who is pregnant, or who has given birth to a child, may apply to the Court for a summons to be served on the man alleged by her to be the father of the child, such application to be supported by affidavit. (2) Upon application being made under subsection (1), the Court may order that a summons be served on the person alleged to be the father of the child requiring him to appear before the Court on the day and at the time specified in the summons. (3) An application under this section may be made by a woman who was a single woman at the date of birth of the child whether or not she is a single woman at the time of the application, and the expression "single woman" includes a widow, or a married woman living apart from her spouse if the child is not the child of the woman's spouse.

10 Powers of the Court. 2. (1) Upon the appearance before the Court of the respondent to the application under section 1, or upon proof that the summons was duly served on him at least 3 clear days prior to the date of the hearing, the Court shall hear any evidence tendered by or on behalf of the respondent. (2) The Court may, if the evidence of the applicant is corroborated by other evidence to the satisfaction of the Court, adjudge the respondent to be the putative father of the child. (3) The Court may, having regard to all the circumstances of the case, order the putative father - (a) to make such periodical payments for such term (which may run from the date of the summons), or (b) to pay such lump sum, or (c) to make both such periodical payments and such lump sum, as the Court thinks fit in respect of - (i) the child's maintenance and education, (ii) the expenses incidental to its birth, (iii) if the child has died before the making of the

11 order, the funeral expenses, and (iv) the court fees and other recoverable costs incurred in obtaining the order. (4) If the summons is issued within 2 months after the birth of the child, the financial provision ordered to be paid under subsection (3) may, if the Court thinks fit, be calculated from the date of birth. (5) Subject to subsection (6), the person entitled to any payments to be made under this Law shall be the child's mother. (6) An order made under this Law may, on the application of a person other than the child's mother who has parental responsibility under the Children (Sark) Law, 2016 a in respect of the child, be made or varied by the Court so as to entitle that person to any payments to be made under the order. Matters to which the Court is to have regard. 3. (1) The Court, in deciding whether and in what manner to exercise its powers under section 2, shall have regard to all the circumstances of the case, the paramount consideration being the welfare of the child. (2) Without prejudice to the generality of subsection (1), the Court shall, in the exercise of its powers under section 2, have regard to the following matters - a Order in Council No. VIII of 2016; amended by Ordinance No. IX of 2016.

12 (a) the financial needs of the child, (b) the income, earning capacity (if any), property and other financial resources of the child, (c) any physical or mental disability of the child, (d) the income, earning capacity, property and other financial resources which the applicant and the respondent has or is likely to have in the foreseeable future, including in the case of earning capacity any increase in that capacity which it would in the opinion of the Court be reasonable to expect either party to take steps to acquire, and (e) the financial needs, obligations and responsibilities which the applicant and respondent has or is likely to have in the foreseeable future. Duration of orders. 4. (1) Subject to subsection (2), no order shall be made under section 2 for the benefit of a child who has attained the age of 18 years. (2) The term to be specified in an order under section 2 may extend beyond the date on which the child attains the age of 18 years, and an order may be made for the benefit of a child who has attained such age, if it appears to the Court - (a) that the child is, or will be, or would be if the term

13 were so extended or such an order were made, receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not the child is also, or will also be, in gainful employment, or (b) that there are special circumstances that justify so extending the term or making such an order. (3) An order under section 2 ceases to have effect upon the death of the child or the person liable to make the payments but the order may nevertheless be relied upon in relation to any arrears due under it. Interim orders. 5. (1) Where on an application under section 2 the Court has power to order the making of periodical payments or the payment of a lump sum, the Court may, at any time before disposing of the application, make an order (an "interim order") for the making of such periodical payments as it thinks fit. (2) An interim order may provide for payments to be made from such date as the Court may specify, not being earlier than the date of the application in question. (3) An interim order ceases to have effect upon - (a) the date specified in the order or, if none, the expiration of 3 months from the making of the order, or (b) the disposal of the application,

14 whichever is earlier. (4) Before an interim order ceases to have effect by virtue of subsection (3), the Court may by order extend it for a further period, and in that case it shall cease to have effect upon - (a) the date specified in the order providing for the extension or, if none, the expiration of 3 months from the making of that order, or (b) the disposal of the application, whichever is earlier. (5) No appeal lies from the making, variation, revocation or extension of an interim order or from a refusal to do any of those things. (6) For the purposes of this section an application is disposed of when the Court makes a final order on, or dismisses, the application. Variation, etc. of periodical payments. 6. (1) The Court may, upon application, vary or revoke an order under section 2 for the making of periodical payments. (2) On an application under subsection (1), the Court may make any order for the payment of a lump sum which it could have made when making the order to which the application relates, whether or not a lump sum was ordered

15 to be paid by a previous order under section 2. payments - (3) Where the Court varies an order for the making of periodical (a) the varied payments shall be made from such date as may be specified, not being earlier than the date of the application for the variation, and (b) the Court may at the same time vary any order under section 11 for an arrest of wages. (4) Where, under this Law, the Court has made an order for the making of periodical payments for the benefit of a child, and such order has ceased to have effect, the Court may, on the application of the child after the child attains the age of 18 but before the child attains the age of 21, order that the order for the making of periodical payments shall be revived subject to such variations and from such date, not being earlier than the date of the application for the revival, as may be specified. (5) In deciding whether and in what manner to exercise its powers under this section, the Court shall have regard to all the circumstances of the case, the paramount consideration being given to the welfare while a minor of the child, and the circumstances of the case include any change in any of the matters to which the Court was required to have regard when making the order to which the application for a variation, revocation or revival relates. Payments made by mistake. 7. (1) Where an order under this Law for the making of periodical

16 payments by any person ceases to have effect and that person continues to make payments (other than arrears) in the mistaken belief that the order is subsisting, the Court, on the application of that person or his personal representative, may order the person to whom the payments were made, or his personal representative, to repay the amount mistakenly paid or, if it appears to the Court that that would be unjust, such lesser sum, if any, as it thinks fit. (2) An order under subsection (1) may provide for repayment by instalments of such amount and at such intervals as may be specified. Payment of lump sum by instalments. Court - 8. Without prejudice to any inherent powers of the Court, where the (a) makes an order under this Law for the payment of a lump sum, the Court may, instead of requiring immediate payment, allow time for payment, or order payment by instalments, (b) has allowed time for payment, the Court may by order allow further time or order payment by instalments, (c) has ordered payment by instalments, the Court may by order vary the number of the instalments, the amount of any instalment, and the date on which any instalment becomes payable. Power to remit arrears. 9. (1) Subject to subsection (2), where an order has been made under

17 this Law for the making of periodical payments, or for the payment of a lump sum by instalments, and arrears have accrued, the Court, on an application under this section or in any proceedings (whether under this Law or otherwise) relating to the order or to the arrears, may order that the arrears shall be remitted or reduced. (2) An order under subsection (1) for the reduction or remission of arrears shall not be made in respect of any sum comprised in a judgment debt of any amount. Appeals. 10. (1) Subject to section 5(5), where under this Law the Court makes, varies, revokes or revives an order, or refuses to do any of those things, an appeal lies to the Royal Court. (2) On an appeal under subsection (1), the Royal Court may make any order necessary to give effect to its determination of the appeal (including any order which the Court could have made under this Law) and, before such determination, may make such interim orders as it thinks fit. (3) On an appeal from a decision relating to the making of periodical payments, the Royal Court may - (a) order that its determination of the appeal shall have effect from such date as it thinks fit, not being earlier than the date of the application to the Court from which the decision arose, (b) if it reduces the amount of the payments or discharges the order under which they are made, order the person

18 entitled to receive the payments to pay to the person liable to make them such sum in respect of any payments already made as it thinks fit and, if any arrears are due, order that the arrears or any part of them shall not be paid. (4) Sections 6, 7, 8, 9 and 11 apply to or in relation to an order of the Royal Court made on an appeal under subsection (1) as they apply to an order of the Court; and any power conferred by those sections on the Court may (where appropriate) be exercised in respect of such an order of the Royal Court. Enforcement. 11. (1) Where the Court makes an order under this Law for the payment of money - (a) a copy of the order shall be served on the person liable to make the payment, (b) the Court, when making the order or at a later date, may, on an application by or on behalf of the person to whom or for whose benefit the payment was ordered to be made, and having regard to the means of the party liable to make the payment, order that a proportion, not exceeding one half, of the wages of that party shall be arrested to facilitate the recovery of the payment. (2) A person liable to make a payment under an order made under this Law shall give notice of any change of his address to the person specified

19 in the order or, if none, to the Court, and a person who without reasonable excuse fails to comply with this subsection is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the uniform scale. (3) The provisions of this section are in addition to any other right of action or remedy, existing independently of this section, in respect of an order under this Law. Procedure. 12. (1) The Court shall, so far as is consistent with the due dispatch of business, separate the hearing and determination of proceedings under this Law from other business. (2) Proceedings in the Court and the Royal Court under this Law may be heard and determined in private. (3) If proceedings are heard in private, the Royal Court may nevertheless give judgment in open court on points of law or principle, provided that the judgment is delivered in such a manner that it does not establish or tend to establish the identity of any party to the proceedings. Service. 13. (1) An order, notice or summons to be served on any person under this Law is validly served if delivered to him personally, or left at, or sent by ordinary post to, that person's usual or last-known residence in Sark. (2) Subsection (1) is without prejudice to any rules as to service

20 made by the Court under section 14 of this Law or under section 15 of the Reform (Sark) Law, 2008 b. Rules of Court. 14. The Court may, from time to time, make rules, which shall not come into force unless and until approved by the Royal Court, dealing with all procedural and incidental matters arising under this Law, and generally for carrying this Law into effect. Interpretation. 15. (1) In this Law, unless the context otherwise requires - "clear day" means a period of 24 hours ending at midnight and does not include any non-business day as defined by the Non-Business Days Order, 1993 c, "the Court" means the Court of the Seneschal, "enactment" includes a Law, an Ordinance and any subordinate legislation and includes any provision or portion of a Law, an Ordinance or any subordinate legislation, "interim order" - see section 5, b Order in Council No. V of 2008; amended by Nos. VI and XXVII of 2008; No. XIV of 2010; No. XII of 2011; No. XI of 2014; No. IX of 2016; Ordinances Nos. II and VI of c Guernsey Statutory Instrument No. 28 of 1993.

21 "the Royal Court", except in section 14, means the Matrimonial Causes Division of the Royal Court, "subordinate legislation" means any regulation, rule, order, rule of court, resolution, scheme, byelaw or other instrument made under any statutory, customary or inherent power and having legislative effect, but does not include an Ordinance, and "uniform scale" means the scale of fines for offences set out in the Uniform Scale of Fines (Sark) Law, 1989 d. (2) The Interpretation (Guernsey) Law, 1948 e applies to the interpretation of this Law as it applies to the interpretation of a Guernsey enactment. (3) Any reference in this Law to an enactment is a reference thereto as from time to time amended, re-enacted (with or without modification), extended or applied. Repeal. 16. The Law entitled "Loi relative à L'Entretien des Enfants Illégitimes" of 1868 f is repealed. d Ordres en Conseil Vol. XXXI, p e Ordres en Conseil Vol. XIII, p f Ordres en Conseil Vol. I, p. 466.

22 Citation This Law may be cited as the Affiliation Proceedings (Sark) Law, Commencement. 18. This Law shall come into force on the date of its registration on the records of the Island of Sark.

23 ITEM 6 POLICY AND PERFORMANCE COMMITTEE Report with proposition to Michaelmas Chief Pleas, 4 th October 2017 REDUCTION IN NUMBER OF CONSEILLERS FROM 28 TO 24 At the Extraordinary Meeting of Chief Pleas held on the 23 rd August 2017 Chief Pleas resolved that with effect from the Michaelmas Meeting the number of Conseillers would be reduced to 24, from the current membership of 28. Attached to this Report is the Ordinance entitled The Reform (Sark) Law, 2008 (Amendment) Ordinance, 2017 and for which approval is sought. A draft of this Ordinance was circulated to Conseillers prior to the Extraordinary Meeting, for information. The Committee recommend that Chief Pleas approve the Ordinance, as given in the Proposition in this Report. Proposition That Chief Pleas approves the Ordinance entitled The Reform (Sark) Law, 2008 (Amendment) Ordinance, 2017, to be effective immediately. Conseiller Reginald Guille Member, Policy and Performance Committee

24 The Reform (Sark) Law, 2008 (Amendment) Ordinance, 2017 THE CHIEF PLEAS OF SARK, in pursuance of their Resolutions of the 23rd August, 2017 and the 4th October, 2017, and in exercise of the powers conferred on them by section 21(5) of the Reform (Sark) Law, 2008 a, hereby order:- Variation of number of Conseillers. 1. In section 21(1)(c) of the Reform (Sark) Law, 2008, for "twenty-eight" substitute "twenty-four". Interpretation. 2. (1) In this Ordinance - "enactment" includes a Law, an Ordinance and any subordinate legislation and includes any provision or portion of a Law, an Ordinance or any subordinate legislation, "subordinate legislation" means any regulation, rule, order, rule of court, resolution, scheme, byelaw or other instrument made under any statutory, customary or inherent power and having legislative effect, but does not include an Ordinance. a Order in Council No. V of 2008; amended by Nos. VI and XXVII of 2008; No. XIV of 2010; No. XII of 2011; No. XI of 2014; No. IX of 2016; Ordinances Nos. II and VI of 2015.

25 (2) The Interpretation (Guernsey) Law, 1948 b applies to the interpretation of this Ordinance. (3) Any reference in this Ordinance to an enactment is a reference thereto as from time to time amended, re-enacted (with or without modification), extended or applied. Citation. 3. This Ordinance may be cited as the Reform (Sark) Law, 2008 (Amendment) Ordinance, b Ordres en Conseil Vol. XIII, p. 355.

26 ITEM 7 POLICY AND PERFORMANCE COMMITTEE Report with proposition to Michaelmas Chief Pleas, 4 th October 2017 THE REFORM (SARK) (AMENDMENT) LAW, 2017 At the Extraordinary Meeting of Chief Pleas on 23 rd August 2017 a Report, (Item 4), was presented to Chief Pleas concerning the reduction of the number of Conseillers from 28 to 18 and setting out the necessary amendments to the Reform (Sark) Law, 2008 and transitional provisions. A draft Projet, The Reform (Sark) (Amendment) Law, 2017 was annexed to the Report for information. The proposition, to note the Report and direct the Policy and Performance Committee to request the Law Officers to finalise the draft Projet, was approved. At the same meeting, it was agreed that the number of Conseillers should be reduced to 24 by Ordinance with effect from the Michaelmas meeting The draft Projet has therefore been amended on the assumption that such an Ordinance will be approved and the reduction in numbers to be effected by this Projet will be from 24 to 18. The finalised Projet de Loi is attached, no further substantive amendments having been made, and the Committee recommends that Chief Pleas approves this important piece of legislation for Sark, reducing the overall number of Conseillers constituting Chief Pleas from 24 to 18 commencing in January Proposition That Chief Pleas approves the Projet de Loi entitled The Reform (Sark) (Amendment) Law, 2017 Conseiller Elizabeth Norwich Member, Policy and Performance Committee

27 PROJET DE LOI ENTITLED The Reform (Sark) (Amendment) Law, 2017 THE CHIEF PLEAS OF SARK, in pursuance of their Resolutions of the 5 th day of July 2017, the 23 rd day of August 2017 and the 4 th day of October 2017, have approved the following provisions which, subject to the Sanction of Her Most Excellent Majesty in Council, shall have force of law in Sark. Amendments to 2008 Law. follows. 1. The Reform (Sark) Law, 2008 a (the "principal Law") is amended as 2. In the Arrangement of sections, for the entry "23. Times of election and tenure of office.", substitute "23. General elections. 23A. By-elections.". 3. In section 21 (a) in subsection (1)(c), for "twenty-four" substitute "eighteen", and a Order in Council No. V of 2008; amended by Nos. VI and XXVII of 2008; No. XIV of 2010; No. XII of 2011; No. XI of 2014; No. IX of 2016; Ordinances Nos. II and VI of 2015; Ordinance No. XI of 2017.

28 (b) in subsection (5), immediately after "subsection (1)(c)" insert ", and such Ordinance may make provision for any incidental, consequential, supplementary and transitional matters which the Chief Pleas consider necessary or expedient for the purpose of implementing such variation". 4. For section 23, substitute "General elections. 23. (1) A general election for the purpose of electing one half of the total number of Conseillers specified in section 21(1)(c), as varied from time to time, shall be held on such date in every second year as the Chief Pleas by Ordinance shall appoint. (2) A Conseiller elected at a general election shall, subject to the provisions of this Law, hold office (a) from such date after the general election as the Chief Pleas may by Ordinance appoint, and (b) until such date, in the fourth year after the date appointed for the purpose of paragraph (a), as the Chief Pleas may by Ordinance appoint, provided that the Chief Pleas may by Ordinance vary the date appointed for the purpose of paragraph (b), to a different date in the fourth year after the date appointed for the purpose of paragraph (a), should they deem it

29 expedient to do so. (3) Where, at the date of the publication of the nominations prior to a general election, there exist any vacancies amongst the Conseillers, such vacancies shall be added to the number of vacancies available to be filled at that election; and in such a case the period of office to be served by each elected Candidate shall be determined in accordance with section 25(2). By-elections. 23A. (1) Subject to subsection (2), upon the occurrence of a casual vacancy amongst the Conseillers, a by-election shall be held on such date, not later than six months after the occurrence of the vacancy, as the Chief Pleas shall by Ordinance appoint. (2) Where a casual vacancy occurs after 30 th June in any year in which a general election is to be held pursuant to section 23(1), it shall be in the discretion of the Speaker whether or not a by-election should be held to fill that vacancy unless the vacancy has left the Chief Pleas without the quorum required by section 36(2). (3) A Conseiller elected at a by-election shall, subject to the provisions of this Law, hold office until the date when the term of office in relation to the vacancy would have expired had it not become vacant. (4) Where a by-election is held for the purpose of filling more than one vacancy, and the terms of office remaining in respect of such vacancies are different, the successful candidates who receive the largest numbers of votes shall be declared elected to fill the vacancies with the longer

30 period of office remaining and the remaining successful candidates shall be declared elected to fill the other vacancies. (5) If, at a by-election, there is an equal number of votes for two or more successful candidates such that their respective terms of office cannot otherwise be determined, the period of office to be served by each such candidate shall be determined by lots drawn by those candidates under the supervision of the returning officer immediately after the declaration of the result of the by-election.". 5. In section 25(2) (a) for "section 23(11)" substitute ""section 23(3)", and (b) in paragraph (a), and in subparagraphs (c)(i) and (ii), for the words "to replace those Conseillers whose terms of office are due to expire" substitute "for the purposes of section 23(1)". 6. In section 29(6) (a) immediately after the words "as the Chief Pleas may by Ordinance appoint," insert "and shall not reopen until (a) subject to paragraph (c), the day following the election, or

31 (b) where, in accordance with section 25(3) (due to the number of candidates not exceeding the number of vacancies to be filled), the returning officer declares the candidates to be elected without an election being held, the day following such declaration, or (c) where a further election is required under section 25(5) (in the event of an equality of votes), the day after such further election,", and (b) for the words "beginning on the date of closure and ending on the date of the election", substitute "of such closure". 7. In section 56(1), for "President" substitute "Speaker". 8. In section 65(1) (a) for the definition of "by-election", substitute ""by-election" means an election to fill any vacancies amongst the Conseillers held under section 23A or 25(4),", and (b) in the definition of "general election", for "or to be held on a day appointed under section 23(1) or (7)", substitute "under section 23".

32 Savings and transitional provisions. 9. (1) For the avoidance of doubt, the Conseillers in office at the date of registration of this Law whose term of office, pursuant to section 3 of the Reform (General Election) (Sark) Ordinance, 2016 b, is due to expire on 14 th January, 2021 shall, subject to the provisions of the principal Law and any variation of the said date of expiry, continue in office until that date. (2) Notwithstanding the provisions of section 23(1) of the principal Law, the general election to be held in 2018, on a date to be appointed in accordance with that subsection, shall be for the purpose of electing such number of Conseillers as may be required in order that the total number of Conseillers in office shall, from the date appointed by the Chief Pleas in respect of that election under section 23(2)(a) of the principal Law, be eighteen. (3) Should the number of Conseillers elected in 2018 in accordance with subsection (2) be equal to or fewer than nine, such Conseillers will hold office for a four-year term in accordance with section 23(2) of the principal Law. (4) Should the number of Conseillers elected in 2018 in accordance with subsection (2) exceed nine (a) nine Conseillers so elected shall hold office for a fouryear term in accordance with section 23(2) of the principal Law, and (b) the remaining Conseillers so elected shall hold office for a two-year term until the expiration of the terms of b Ordinance no. VIII of 2016.

33 office of those Conseillers elected, or deemed to have been elected, at the previous general election or at a byelection to fill a vacancy amongst the Conseillers so elected, subject in all cases to the provisions of the principal Law; and the respective terms to be served by each such successful candidate shall be determined in accordance with subsection (5). (5) For the purposes of subsection (4), the nine successful candidates who receive the largest number of votes shall be declared elected to hold office for a four-year term in accordance with subsection (4)(a), and the remaining successful candidates shall be declared elected to hold office for a two-year term in accordance with subsection (4)(b); and if there is an equal number of votes for two or more successful candidates such that their respective terms of office cannot otherwise be determined, the period of office to be served by each such candidate shall be determined by lots drawn by those candidates under the supervision of the returning officer immediately after the declaration of the result of the election. (6) Notwithstanding the provisions of section 23(1) of the principal Law, the general election to be held in 2020, on a date to be appointed in accordance with that subsection, shall be for the purpose of electing such number of Conseillers as may be required in order that the total number of Conseillers in office shall, from the date appointed by the Chief Pleas in respect of that election under section 23(2)(a) of the principal Law, be eighteen; and the provisions of subsections (3) to (5) shall apply to that election, as they apply to the election in 2018, for the purpose of establishing the respective terms of office to be served by each successful candidate.

34 Interpretation. 10. (1) In this Law - "enactment" includes a Law, an Ordinance and any subordinate legislation and includes any provision or portion of a Law, an Ordinance or any subordinate legislation, "principal Law" means the Reform (Sark) Law, 2008, "registration", in relation to this Law, means the date of its registration on the records of the Island of Sark, "subordinate legislation" means any regulation, rule, order, rule of court, resolution, scheme, byelaw or other instrument made under any statutory, customary or inherent power and having legislative effect, but does not include an Ordinance, and other expressions have the same meaning as in the principal Law. interpretation of this Law. (2) The Interpretation (Guernsey) Law, 1948 c applies to the (3) Any reference in this Law to an enactment is a reference thereto as from time to time amended, re-enacted (with or without modification), extended or applied. c Ordres en Conseil Vol. XIII, p. 355.

35 Citation. 11. This Law may be cited as the Reform (Sark) (Amendment) Law, Commencement. 12. (1) This Law, except for section 3(a), shall come into force on the date of its registration. (2) Section 3(a) shall come into force on the date appointed by Ordinance of the Chief Pleas for the purpose of section 23(2)(a) in respect of the general election to be held in 2018.

36 ITEM 8 POLICY AND PERFORMANCE COMMITTEE Report with proposition to Michaelmas Chief Pleas, 4 th October 2017 ELECTRONIC TRANSACTIONS AND CHEQUE IMAGING LEGISLATION The Bills of Exchange (Bailiwick of Guernsey) Law, 1958 ( the 1958 Law ) is based closely on the Bills of Exchange Act, 1882 ( the 1882 Act ) which governs the use of Bills of Exchange in the United Kingdom. The 1882 Act has recently been amended to facilitate the use of electronic images in the presentment of cheques, in place of the physical delivery of cheques themselves. Bailiwick of Guernsey banks clear cheques through the UK cheque clearing system, which is operated by the Cheque and Credit Clearing Company ( the C&CCC ) which is presently developing a new all electronic cheque clearing system which is expected to go live in October Following preliminary discussions with the Association of Guernsey Banks ( the AGB ), the C&CCC and the lawyer dealing with this matter at HM Treasury, the Guernsey States Committee for Economic Development ( the CED ) is of the view that it is appropriate for legislation to be enacted effecting amendments to the 1958 Law and making necessary supplemental provision, in order to ensure that there is no doubt about the presentment of electronic images of cheques to banks in the Bailiwick for payment in place of physical cheques, once the current paper based clearing system is phased out. The 1958 Law is a Bailiwick wide law and it is clearly desirable for any such amendments to apply throughout the Bailiwick. The Law Officers have advised that the necessary amendments to the 1958 Law can be made through the enactment of Ordinances under each of the Electronic Transactions Laws that exist in each of the islands of the Bailiwick, namely the Electronic Transactions (Guernsey) Law, 2000; the Electronic Transactions (Alderney) Law, 2001 and the Electronic Transactions (Sark) Law The Ordinance entitled The Electronic Transactions (Commencement and Cheque Imaging) (Sark) Ordinance, 2017 brings into force The Electronic Transactions (Sark) Law, 2001, less for Section 20. The legislation has been drafted to give effect in Sark to equivalent legislative amendments to those being made in Guernsey to ensure that local banks are able to continue to participate in the UK based clearing system for cheques and other bills of exchange after the implementation in the UK of a new electronic clearing system. The Committee understand that implementation of the electronic clearing system in the UK commences at the end of October 2017 and will be fully implemented in the second half of It is important for banks operating in the Bailiwick to be certain that electronic presentment of cheques and other bills of exchange is valid and the amendments made by the attached Ordinance will also ensure that banks are able to offer innovative new services to customers in the future such as the ability to pay cheques in electronically using a mobile phone application rather than delivering the physical cheque to a branch. This will ensure that customers in the Bailiwick are able to take advantage, should they wish to do so, of the same facilities as will be available in the future to UK customers.

37 The Sark Electronic Transactions Law of 2001 provides that Sections 1 to 5 and 8 is in virtually identical terms to the equivalent Laws in Guernsey and Alderney, namely the Electronic Transactions (Guernsey) Law, 2000 and the Electronic Transactions (Alderney) Law, 2001 both of which were commenced shortly after they received Royal Assent, save for section 20 which has never been commenced in either island. The legislation has been highly regarded by industry and the Guernsey Bar since its introduction over 15 years ago and has facilitated the growth of electronic business and commerce. The fundamental purpose of the Electronic Transactions Laws is to ensure that both electronic and physical forms of information and communications have an equivalent legal status. We believe the commencement of the Electronic Transactions Law will support economic development in Sark. The proposed commencement date of the Ordinance (18 th October 2017) is the same date as equivalent amendments are anticipated to come into force in Alderney and both will follow the anticipated commencement of the necessary amendments in Guernsey on 1 October Because of the structure of the legislation, this is considered to be the best approach to the timing of the respective enactments. The other piece of legislation is the Statutory Instrument entitled The Electronic Transactions (Exemptions) (Sark) Order, 2017 which was approved by the Committee on the 29 th August 2017 and which is laid before Chief Pleas. The Exemptions Order provides that Sections 1 to 5 and 8 of the 2001 Law shall not apply to certain transactions and these are set out in Section 1 of the Statutory Instrument. The Committee strongly recommends that the Ordinance is approved. Proposition That Chief Pleas approves the Ordinance entitled The Electronic Transactions (Commencement and Cheque Imaging) (Sark) Ordinance, Conseiller Reginald Guille Member, Policy and Performance Committee

38 The Electronic Transactions (Commencement and Cheque Imaging) (Sark) Ordinance, 2017 THE CHIEF PLEAS OF SARK, in exercise of the powers conferred on them by sections 9(2), 14, 21, 23(1) and (2) and 25 of the Electronic Transactions (Sark) Law, 2001, as amended a and all other powers enabling them in that behalf, hereby order:- PART I COMMENCEMENT OF ELECTRONIC TRANSACTIONS LAW, The Electronic Transactions (Sark) Law, 2001, other than section 20 thereof, shall come into force on the 18 th October, PART II AMENDMENT OF ELECTRONIC TRANSACTIONS LAW, 2001 Amendment of 2001 Law. 2. After section 9 of the Electronic Transactions (Sark) Law, 2001 ("the Electronic Transactions Law") insert the following section - a Order in Council No. X of 2001; as amended by the Sark General Purposes and Advisory Committee (Transfer of Functions) Ordinance, 2001 (Sark Ordinance No. 125); the Sark General Purposes and Advisory and Finance and Commerce Committees (Transfer of Functions) Ordinance, 2015 (Sark Ordinance No. II of 2015). 1

39 "Provision as to electronic imaging of cheques and other instruments. 9A. (1) The provisions of this Law are, in respect of the presentment of bills of exchange within the meaning of the Bills of Exchange (Guernsey) Law, 1958 (as that Law has effect in the island of Sark), subject to any provision made by or under - (a) Part IVA of that Law (presentment of cheques and other instruments by electronic means), and (b) the Electronic Transactions (Commencement and Cheque Imaging) (Sark) Ordinance, (2) The Committee may by order make such provision as it thinks fit - (a) for the purposes of authorising or facilitating, or otherwise in respect of, the implementation (including the introduction, use, administration, execution, recognition and enforcement) of electronic cheque imaging, and (b) to the extent relevant for those purposes, for carrying this Law (and the Bills of Exchange (Guernsey) Law, 1958, as it has effect in the island of Sark) into effect. (3) An order of the Committee under this section may, without prejudice to the generality of the provisions of subsection (2), direct 2

40 that all or any of the provisions of any order made under section 9A of the Electronic Transactions (Guernsey) Law, 2000 shall extend to the island of Sark with such exceptions, adaptations and modifications as may be specified in the order, and the provisions as so extended shall have the same effect as if they were contained in an order of the Committee under this section.". 3. After section 22(4) of the Electronic Transactions Law insert the following subsection - "(5) Any reference in this Law to an enactment or statutory instrument is a reference thereto as from time to time amended, re-enacted (with or without modification), extended or applied.". PART III AMENDMENT OF BILLS OF EXCHANGE LAW, 1958 Amendment of 1958 Law. 4. In section 1(1) of the Bills of Exchange (Guernsey) Law, 1958 b as it has effect in the island of Sark ("the Bills of Exchange Law"), after the definition of "business day" insert the following definition - ""the Committee", in relation to the island of Sark, means the Policy and Performance Committee of the Chief Pleas of Sark,". 5. After section 44(9) of the Bills of Exchange Law (presentment for payment) insert the following subsection - b Ordres en Conseil Vol. XVII, p. 384; amended by Vol. XXIV, p. 84; Vol. XXXIV, p. 504; and Vol. XXXV(1), p Modified, in part, by Vol. XXII, p

41 "(10) This section is subject to Part IVA (presentment of cheques, etc, by electronic means).". 6. In section 51(4) of the Bills of Exchange Law (duties of holder as respects drawee or acceptor) for the words "Where the holder" substitute "Subject to Part IVA (presentment of cheques and other instruments by electronic means), where the holder". 7. After section 90(3) of the Bills of Exchange Law (presentment of note for payment) insert the following subsection - "(4) This section is subject to Part IVA (presentment of cheques and other instruments by electronic means).". 8. Immediately prior to Part V of the Bills of Exchange Law insert the following section - "Application of Part IVA to the Island of Sark. 92F. Part IVA, as it has effect in the Bailiwick excluding the islands of Alderney and Sark, has effect in the island of Sark subject to the following modifications and adaptations - (a) in the heading to Part IVA ("Presentment of cheques and other instruments by electronic means : Guernsey") for the word "Guernsey" substitute "Sark", (b) for the words "the Electronic Transactions 4

42 (Guernsey) Law, 2000" wherever those words occur, substitute the words "the Electronic Transactions (Sark) Law, 2001", (c) for the words "the Electronic Transactions (Cheque Imaging) (Guernsey) Ordinance, 2017", wherever those words appear, substitute the words "the Electronic Transactions (Commencement and Cheque Imaging) (Sark) Ordinance, 2017", (d) in section 92A(1) for the words "section 8" substitute the words "section 9", (e) in section 92A(5) for the words "Part III" substitute the words "Part IV", (f) in section 92D(2) for the words "section 10(4)" substitute the words "section 11(4)" and for the words "section 10" substitute the words "section 11". 5

43 PART IV POWER OF COMMITTEE TO MAKE ORDERS IN RESPECT OF CHEQUE IMAGING Orders as to presentment of cheques. 9. (1) The Committee may by order prescribe circumstances in which section 92A(1) of the Bills of Exchange Law does not apply. (2) An order under subsection (1) may in particular prescribe circumstances by reference to - (a) descriptions of instrument, (b) arrangements under which presentment is made, (c) descriptions of persons by or to whom presentment is made, (d) descriptions of persons receiving payment or on whose behalf payment is received. Copies of instruments and evidence of payment. 10. (1) The Committee may by order make provision for - (a) requiring a copy of an instrument paid as a result of presentment under section 92A of the Bills of Exchange Law to be provided, on request, to the creator of the instrument by the banker who paid the instrument, 6

44 (b) a copy of an instrument provided in accordance with the order to be evidence of receipt by a person identified in accordance with the order of the sum payable by the instrument. (2) An order under subsection (1)(a) may in particular - (a) prescribe the manner and form in which a copy is to be provided, (b) require the copy to be certified to be a true copy of the electronic image provided to the banker making the payment on presentment under section 92A of the Bills of Exchange Law, (c) provide for the copy to be accompanied by prescribed information, (d) require any copy to be provided free of charge or permit charges to be made for the provision of copies in prescribed circumstances. (3) The reference in subsection (1)(a) to the creator of the instrument is - (a) in the case of a bill of exchange, a reference to the drawer, 7

45 (b) in the case of a promissory note, a reference to the maker. Compensation in cases of presentment by electronic means. 11. (1) The Committee may by order make provision for the responsible banker to compensate any person for any loss of a kind specified by the order which that person incurs in connection with electronic presentment or purported electronic presentment of an instrument. (2) In this section "electronic presentment or purported electronic presentment of an instrument" includes - (a) presentment of an instrument to which section 92A of the Bills of Exchange Law applies under that section, (b) presentment of any other instrument by any means involving provision of an electronic image by which it may be presented for payment, (c) purported presentment for payment by any means involving provision of an electronic image of an instrument that may not be presented for payment in that way, (d) provision, in purported presentment for payment, of - (i) an electronic image that purports to be, but is not, an image of a physical instrument 8

46 (including an image that has been altered electronically), or (ii) an electronic image of an instrument which has no legal effect, or (e) provision, in presentment or purported presentment for payment, of an electronic image which has been stolen. (3) In this section, the "responsible banker", in relation to electronic presentment or purported electronic presentment of an instrument, means - (a) the banker who is authorised to collect payment of the instrument on a customer's behalf, or (b) if the holder of the instrument is a banker, that banker. (4) In this section - (a) references to an instrument include references to an instrument which has no legal effect (whether because it has been fraudulently altered or created, or because it has been discharged, or otherwise), (b) in relation to an electronic image which is not an image of a physical instrument, references to the instrument 9

47 are to a purported instrument (of which it purports to be an image), and (c) in relation to an instrument which is not a bill of exchange or promissory note, references to the holder are to the payee or indorsee of the instrument who is in possession of it or, if it is payable to bearer, the person in possession of it. (5) An order under this section may in particular make provision for - (a) the responsible banker to be required to pay compensation irrespective of fault, (b) the amount of compensation to be reduced by virtue of anything done, or any failure to act, by the person to whom compensation is payable. (6) Nothing in this section or an order under it is to be taken to - (a) prevent the responsible banker claiming a contribution from any other person, or (b) affect any remedy available to the responsible banker in contract or otherwise. (7) Except so far as an order under this section provides expressly, nothing in this section or an order under it is to be taken to affect any 10

48 liability of the responsible banker which exists apart from this section or any such order. General provisions as to orders. 12. (1) An order of the Committee under this Part of this Ordinance - (a) may be amended or repealed by a subsequent order hereunder, (b) may contain such consequential, incidental, supplementary, savings, transitional and other ancillary provision as may appear to the Committee to be necessary or expedient, including (without limitation) provision - (i) amending, or applying exceptions, adaptations and modifications to, any of the provisions of the Bills of Exchange Law or any other enactment, and (ii) repealing, replacing, amending, extending, adapting, modifying or disapplying any rule of customary or common law, (c) may, without prejudice to the generality of the foregoing provisions of this Ordinance, direct that all or any of the provisions of any order made under Part III of the Electronic Transactions (Cheque Imaging) (Guernsey) Ordinance, 2017, shall extend to the island 11

49 of Sark with such exceptions, adaptations and modifications as may be specified in the order, and the provisions as so extended shall have the same effect as if they were contained in an order of the Committee under this Part of this Ordinance, and (d) shall be laid before a meeting of the Chief Pleas as soon as possible and shall, if at that or the next meeting the Chief Pleas resolve to annul it, cease to have effect, but without prejudice to anything done under it or to the making of a new order. any order may be exercised - (2) Any power conferred by this Part of this Ordinance to make (a) in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of cases, (b) so as to make, as respects the cases in relation to which it is exercised - (i) the full provision to which the power extends, or any lesser provision (whether by way of exception or otherwise), (ii) the same provision for all cases, or different provision for different cases or classes of cases, 12

50 or different provision for the same case or class of case for different purposes, (iii) any such provision either unconditionally or subject to any prescribed conditions. PART V GENERAL PROVISIONS Interpretation. 13. (1) In this Ordinance - "Bills of Exchange Law" means the Bills of Exchange (Guernsey) Law, 1958, as it has effect in the island of Sark, "Committee" means the Policy and Performance Committee of the Chief Pleas of Sark or such other Committee of the Chief Pleas as the Chief Pleas may by Ordinance determine, "Electronic Transactions Law" means the Electronic Transactions (Sark) Law, 2001, and, unless the contrary intention appears, other expressions have the same meanings as in the Bills of Exchange Law. (2) Any reference in this Ordinance to an enactment or statutory instrument is a reference thereto as from time to time amended, re-enacted (with or without modification), extended or applied. 13

51 (3) The Interpretation (Guernsey) Law, 1948 c shall apply to the interpretation of this Ordinance as it applies to the interpretation of a Guernsey enactment. Extent. 14. This Ordinance has effect in the island of Sark. Citation. 15. This Ordinance may be cited as the Electronic Transactions (Commencement and Cheque Imaging) (Sark) Ordinance, Commencement and transitional provision. 16. (1) Subject to subsection (2), this Ordinance shall come into force on the 18 th October, (2) This Ordinance and the amendments made by it have effect in relation to presentment of instruments after it comes into force, including instruments created before that time. c Ordres en Conseil Vol. XIII, p

52 ITEM 9 POLICY AND PERFORMANCE COMMITTEE Report with proposition to Michaelmas Chief Pleas, 4 th October 2017 THE PUBLIC HOLIDAYS (SARK) ORDINANCE, 2017 The Bills of Exchange (Guernsey) Law, 1958, as amended ( the 1958 Law ), which applies to Sark as part of the Bailiwick of Guernsey, makes provision for the computation of the time allowed for the payment of bills. It provides that, in calculating any periods within which payment is to be made, any non-business day which might fall within a specified period given for payment should be disregarded. The term non-business day is also used in other legislation to assist in the computation of periods of time specified for the doing of any act. For example, a period of notice might specify that three clear days should elapse between service of a notice of intention to make an application and the date when the application is made clear days will often be defined as excluding non-business days. For this purpose, non-business day is defined (in the Non-Business Days Order, 1993) as a Saturday, a Sunday, Christmas Day and Good Friday, and a day appointed as a public holiday by Ordinance which, in the case of Sark, means an Ordinance of Chief Pleas. The purpose of this Ordinance is to appoint the days which are to be regarded as public holidays, and therefore non-business days, for the purpose of the 1958 Law and any other legislative provision which refers to the definition. The days listed in Section 1 will occur in each calendar year; other days might exceptionally be added to the list by Ordinance on an ad hoc basis. Proposition That Chief Pleas approves The Public Holidays (Sark) Ordinance, 2017 Conseiller Charles Maitland Chairman, Policy and Performance Committee

53 The Public Holidays (Sark) Ordinance, 2017 THE CHIEF PLEAS OF SARK, in pursuance of their Resolution of the 4 th October, 2017, and in exercise of the powers conferred on them by section 1(1) of the Bills of Exchange (Guernsey) Law, 1958 a, hereby order:- Public holidays. 1. The following days shall be public holidays - (a) 1 st January, New Year's Day, if a weekday, (b) the 2 nd January, in a year when New Year's Day falls on a Sunday, (c) the 3 rd January, in a year when New Year's Day falls on a Saturday, (d) Easter Monday, (e) the first Monday in May, (f) the 10 th May, Liberation Day, (g) the last Monday in May, a Ordres en Conseil Vol. XVII, p. 324; amended by Vol. XXIV, p. 84; Vol. XXXIV, p. 504; Vol. XXXV(1), p

54 (h) the last Monday in August, (i) the 26 th December, Boxing Day, if a weekday, (j) the 27 th December, in a year when Christmas Day or Boxing Day falls on a Sunday, (k) the 28 th December, in a year when Christmas Day or Boxing Day falls on a Saturday. Interpretation. 2. (1) In this Ordinance - "enactment" includes a Law, an Ordinance and any subordinate legislation and includes any provision or portion of a Law, an Ordinance or any subordinate legislation, "subordinate legislation" means any regulation, rule, order, rule of court, resolution, scheme, byelaw or other instrument made under any statutory, customary or inherent power and having legislative effect, but does not include an Ordinance, "weekday" means a day other than a Saturday or Sunday. (2) The Interpretation (Guernsey) Law, 1948 b applies to the b Ordres en Conseil Vol. XIII, p

55 interpretation of this Ordinance. (3) Any reference in this Ordinance to an enactment is a reference thereto as from time to time amended, re-enacted (with or without modification), extended or applied. Citation This Ordinance may be cited as the Public Holidays (Sark) Ordinance, 3

56 ITEM 10 POLICY AND PERFORMANCE COMMITTEE Report with proposition to Michaelmas Chief Pleas, 4 th October 2017 TERM OF OFFICE OF THE DEPUTY SPEAKER The Reform Law provides for a term office for the Deputy Speaker of between 2 and 5 years. The Deputy Speaker was elected at an extraordinary meeting of Chief Pleas on 31 st May 2017 but his term was not agreed at that meeting. The proposition attached to this report rectifies this situation and agrees a term office of just under five years. In choosing this timeframe, it allows for the continuity of the Assembly meetings and associated work avoiding the disruption of both Speaker and Deputy Speaker Terms of Office coming to an end at the same time. Proposition That Chief Pleas agrees that the term of office for the Deputy Speaker of Chief Pleas is from his election on 31 st May 2017 until 26 th February Conseiller Charles Maitland Chairman, Policy and Performance Committee

57 ITEM 11 POLICY AND PERFORMANCE COMMITTEE Report with proposition to Michaelmas Chief Pleas, 4 th October 2017 THE CONTROL OF OCCUPATION AND THE POST OF SENIOR ADMINISTRATOR The Control of Occupation Ordinance The Housing (Control of Occupation) (Commencement and Prescribed Persons) (Sark) Ordinance, 2014 allows Chief Pleas by Resolution to designate various government employments as Prescribed Persons for the occupation of Local Market or Government Controlled Housing. At a recent meeting of the Policy and Performance Committee (P&P) it was agreed that the issue would be reviewed with a view to asking Chief Pleas to make the appointment of Senior Administrator a Prescribed Person under the Control of Occupation legislation. The Douzaine who administer the legislation confirm that a government employed post can be Proscribed by Resolution of Chief Pleas in accordance with Section 2 (b) of the 2014 Ordinance. The Committee consider that the time is right for that appointment to be put on the same footing as other Prescribed Persons working for the government, such as the Medical Officer and Teachers etc. The Committee recommend that Chief Pleas approve the proposition in this Report. Proposition That Chief Pleas approves the role of Senior Administrator be made that of a Prescribed Person under the 2014 Ordinance and that the Douzaine add that role to the list of Prescribed Persons. Conseiller Reginald Guille Member, Policy and Performance Committee

58 ITEM 12 POLICY AND PERFORMANCE COMMITTEE Report with proposition to Michaelmas Chief Pleas, 4 th October 2017 NEW SHAPE AND FUNCTIONING OF CHIEF PLEAS In recent months, several reports have been presented to Chief Pleas (as listed in the appendix), and some decisions made about the number of Conseillers for the future shape of Chief Pleas. Having decided to reduce the number of Conseillers to 18 Chief Pleas has gone on to decide not to address how the work of Chief Pleas is to be undertaken in the future and who will undertake it. Much too has been said on the standards we must meet as a government of a self-governing jurisdiction and the expectations of the people of Sark. At the Extraordinary Meeting of Chief Pleas on 23rd August the draft legislation to make the agreed changes to the numbers of Conseillers constituting Chief Pleas was presented and the completed legislation is on today s agenda for final approval. The changes to this legislation had to be considered before all the changes to other parts of government, in particular before any detailed financial considerations could be presented, due to the time constraints of passing legislation in time for the December 2018 elections. This less than ideal lack of synchronicity could not be avoided. Those financial facts and considerations form part of today s agenda. At the Extraordinary Meeting in August 2017 the next stage in the series of reports on the Establishment Review was rejected by Chief Pleas. To continue the work necessary to support the decision made in Chief Pleas at the Extraordinary Meeting in May to significantly reduce the numbers of Conseillers to 18, Chief Pleas needed to approve the proposition in the Establishment Review, but did not, therefore the work on the New Shape of Chief Pleas has now come to a halt. Without information from Committees of Chief Pleas to consider what functions might be undertaken directly by Public Servants using the Public Functions (Transfer and Performance) (Bailiwick of Guernsey) Law, 1991, (the Law), and streamlined to make them more efficient, no further plans can be made. It will not be possible to ascertain what actual resources are needed, in terms of skills, qualifications and hours to undertake the work in future. We do know what functions are currently carried out and to a considerable degree know whether those functions are undertaken by Public Servants, or by Conseillers acting as Volunteer Public Servants in addition to their primary role as Politicians. At the beginning of the Establishment Review, (Chief Pleas January 2016) Chief Pleas approved the overarching principle of applying contemporary professional standards where it is prudent to do so in all its government functions. It is part of the standards of Good Governance to look to the future and present plans demonstrating that the functions of government can and do work in a proportionate way for Sark. It is what Sark itself expects of us as Conseillers. Our responsibilities within the Code of Conduct for Conseillers approved at Chief Pleas in November 2016 include Decisions taken by Conseillers should be in the public interest and the island s interest that is not taking a personal viewpoint, but a political one. Conseillers have time and again stated how overworked and pressured their work is, and the effects on numbers of people standing for Chief Pleas is self-evident from the last two elections, and confirmed in the public consultation earlier this year.

59 It had been intended, as stated in that last report on the Establishment Review, to use information provided by the committees undertaken using their Public Servants, to work out what is needed to function properly with 18 Conseillers. To lay out what support will be needed and to propose a proper plan of procedures and functions by Easter 2018, so that the operational work of government is transparent, carried out impartially, by Public Servants who can be held to account. Once that research and preparation for a detailed report was complete it was for Chief Pleas to decide, based on evidence, what it wished to do in future. The timescale to do this was always restricted, but to do it now would be very difficult in the time left to us in this Parliament. How is Chief Pleas to function in future? How will we achieve contested elections? Who will do the operational work in future? Who will co-ordinate those functions? Who will ensure we meet the standards of good governance, and work to the principle we have adopted? How will Chief Pleas demonstrate it is spending public money properly and to best effect? Sark voted to change its method of government from semi-democratic to fully democratic governance in 2008 and in doing so confirmed that it still wanted to be a self-governing jurisdiction with a degree of independence. That means we are a government of a jurisdiction and one that must meet the standards expected both within and outside Sark. Rightly we must always be able to pay for what we provide and undertake, but not at the cost of failing to meet the accepted standards of Good Governance, which is the bedrock of being self-governing. The vote in 2008 changed the culture of Sark and changed many of our traditions and ways we do things. That change was and is painful to some of us, both here in Chief Pleas and in Sark as a whole. We cannot ignore the consequences of that democratic vote and the changes it has brought. However, the work on how Chief Pleas should govern cannot now move forward and develop to meet the needs of the decision to have fewer Conseillers to constitute Chief Pleas from the December 2018 elections onwards and the standards required of it, let alone be responsive and be seen to be responsive to the 88 inhabitants who took the time and effort to make thoughtful replies to the consultation conducted earlier this year. That work has stopped, what will happen in its place? Should this work, if resumed, be led by the Policy Development Team or by a cross-committee group? This is something for Chief Pleas to consider and answer at the Michaelmas Meeting of Chief Pleas. Chief Pleas has received reports demonstrating the need for a structure of government to be in place to properly support the reduced number of Conseillers in January As a way forward, following the rejection of the proposal at the last Extraordinary meeting of Chief Pleas, on how administrative tasks will be performed by a smaller Chief Pleas membership, it is proposed that that the Policy Development Team should do no further work on this matter and that Chief Pleas should decide how it wishes to address this vital missing piece of the jigsaw. Therefore, Conseillers should consider the following single proposition: Proposition That Chief Pleas directs the Policy Development Group to cease the work of the Good Governance Policy Development Team on the New Shape of Chief Pleas. That Chief Pleas requests all committees to nominate at least one of their members to work with the other nominees to prepare a plan setting out how Chief Pleas is to operate to support the New Shape of Chief Pleas, reporting back to Chief Pleas no later than 15 th November 2017.

60 That the resulting presentation of the plan, with a proposition for approval, would detail how operational work will be organised, managed and implemented to achieve the required standards of good governance. Further, that the report shall inform future prospective Conseillers how the New Shape of Chief Pleas will function. Conseiller Elizabeth Norwich Member, Policy and Performance Committee APPENDIX List of previous reports and the resolutions made by Chief Pleas Easter 2008 Agenda item 20 - Chief Pleas accept the following principles of public life being selflessness, integrity, objectivity, accountability, openness, honesty and leadership. Crowe Report 2012 November 2016 Conseiller Code of Conduct Christmas 2016 Item Agenda item 4 Establishment Review with an approved proposition that Chief Pleas adopts the overarching principle of applying contemporary professional standards where it is prudent to do so in all its government functions. Easter 2016 Midsummer 2016 Midsummer 2017 Consultation Midsummer 2017 Midsummer 2017 Midsummer 2017 August 23 rd 2017 Agenda item 20 Establishment Review, second report Agenda item 10 Establishment Review third progress report. Propositions withdrawn Agenda item 4 Future Shape of Chief Pleas Results of Public Agenda item 5 Tasks and Skills Analysis Agenda item 6 Reform Law Amendments Agenda item 7 Establishment Review Update Agenda item 5 New Shape of Chief Pleas and Establishment Review

61 ITEM 13 POLICY AND PERFORMANCE COMMITTEE Report with proposition to Michaelmas Chief Pleas, 4 th October 2017 THE ROLE OF THE SENIOR ADMINISTRATOR On 16 th May 2013, at an Extraordinary Meeting of Chief Pleas, the then General Purposes and Advisory Committee presented a report, (Item 4), entitled: Appointment of a Permanent Senior Administrator. Chief Pleas duly authorised the Committee to take all necessary steps to recruit a Senior Administrator on a full time basis and agrees to the appointment of a suitable candidate once the recruitment process has been concluded. Ms Kath Jones was duly appointed and started work on 1 st November 2013 at a salary of 35,000 per annum. In contrast to the recruitment of teachers to Sark from elsewhere, no additional allowance was given to cover housing costs or payments towards a pension. The Mandate for the Policy and Performance Committee gives the Committee responsibility to nominate the Senior Administrator as directed by Chief Pleas and to recommend their salary and terms of employment. It should be noted that the 2013 job description of the Senior Administrator gave the post responsibility for the management, organisation and efficiency of the Government s administration. Also, (as stated in the Establishment Review Terms of Reference) the aim of the review is to design and implement an effective system of government that supports all the political processes, is fit for purpose, and based on best practice which takes into account the proportionality of Sark as a self-governing jurisdiction with a degree of independence. The Review was also to look at the question of Good Governance: the desired outcome is that every part of the establishment that supports the Government of Sark operates (where appropriate) to the principles of: Transparency Accountability Efficiency Effectively managing risk, responsibilities, reputation, and relationships (locally to internationally) Confidentiality but only where necessary. With continuing concerns voiced at Policy Development Group, (PDG), meetings about Conseillers workload, a proposal to reduce the number of Committees from 15 to five was developed, brought to Chief Pleas but was voted down. Later in 2016 a proposal for 10 committees (2 Policy and 8 Operational) was accepted at PDG and voted for in Michaelmas Chief Pleas, 2016, (Item 18). However, this reform has not improved the workload of Conseillers; this remains the same as before and evidently this has not been enough to persuade potential candidates to stand for election in sufficient numbers. The failure of Chief Pleas to attract sufficient candidates for elections held in 2014 and 2016 has brought to a head the challenges that face the Government of Sark. In March 2016, this Committee discussed reviewing the role of the Senior Administrator. It had generally been accepted that the role had evolved as time went on and that the job description and the appropriateness of the present salary would both have to be reviewed, not only to ensure the

62 job description is fit for purpose for the future, but also to be part of the solution to achieve a sustainable government for the foreseeable future. After the Midsummer meeting where the revised job description was presented for Chief Pleas to note Conseillers had, and took, the opportunity to meet Adam Barker later on in July. The revised job description that is appropriate for the Senior Administrator s enhanced role is attached to this report. The proposed enhanced salary for the Senior Administrator has been included in the budget process for 2018, and is detailed in the report from the Finance and Resources Committee to this meeting. Conclusion and Recommendation This report and previous reports on this matter clearly set out the evidence available to Chief Pleas supporting the revised job description as attached. Having decided to reduce the number of Conseillers to 18 for the December 2018 elections Chief Pleas should demonstrate to potential candidates and those who were interested enough to respond to the Future Shape of Chief Pleas Consultation earlier this year, that it recognises the need for this revision and the responsibilities that the job entails. Therefore it is recommended that the revised job description as attached be approved and that Chief Pleas directs the Policy and Performance Committee to bring it into force from the end of this meeting. Proposition That Chief Pleas approves the revised job description as attached for the role of the Senior Administrator and also agrees that the enhanced salary of 53,425, as recommended by Adam Barker, should be paid to the Senior Administrator from the beginning of the 2018 financial year. Conseiller Charles Maitland Chairman, Policy and Performance Committee

63 Chief Pleas Government of Sark Policy and Performance Committee of Chief Pleas Senior Administrator JOB DESCRIPTION JOB SUMMARY As Head of the Paid Service the post holder is responsible for; the efficiency of Government; the development of a mature functioning democracy; strategic leadership; implementation of Chief Pleas decisions and, support to Chief Pleas Committees; the development of effective and positive external relations, communicating effectively with government officials, politicians, external agencies and the media; and, the operational management of government affairs through the management of all Sark public servants. Relationships The post holder s role is managed by the Policy and Performance Committee on behalf of Chief Pleas, using the agreed performance management system. Effective working relationships are essential with Conseillers, Chief Pleas Committees in Sark ; The Law Officers Chambers, Bailiff s Chambers, Office of the Lt. Governor and staff in all relevant departments and their agencies in Guernsey Government. The post holder is the point of contact for Sark with the UK government, Ministry of Justice, Lt. Governor and other Crown Dependencies. Principal accountabilities 1. Act as Head of the Paid Service for the Sark Government. 2. To support Chief Pleas in the development of a mature and functioning democracy. 3. To ensure appropriate governance arrangements and risk management measures are in place. 4. To support Chief Pleas in the development and communication of a Vision for Sark. 5. To enable the Government to operate as a coordinated body to implement Chief Pleas decisions in an effective and timely manner as resources allow. 6. To promote Sark by developing and maintaining wider networks within the Bailiwick; Crown dependencies; British Isles and with other appropriate international partners. 7. To promote Sark as a tourist destination developing partnerships with commercial organisations as appropriate to increase visitor spend. Page 1 of 5

64 8. To promote Sark as a place to live work and do business. 9. To be responsible for the strategic leadership, performance and operational management of the public servants of the Government acting as ultimate line manager for all public servants of the Government. 10. To lead the annual budget setting process and ensure residents of Sark are provided with value for money. 11. To continuously review procedures and policies to maximise efficiency and ensure resources and efforts are targeted effectively. 12. To provide first point of contact with the Law Officers of the Crown. Principal duties and tasks Governance 13. To ensure that Chief Pleas develops into a mature and functioning democracy. Ensuring Chief Pleas and committees are properly supported. 14. To encourage engagement and, maximise participation in the democratic process across Sark. 15. To be responsible for appropriate and lawful governance arrangements. 16. To develop appropriate and balanced risk management approaches to government wide issues and civil contingencies. 17. To develop and maintain open and supportive relationships with all Conseillers, including arranging the mentoring and development of Conseillers as appropriate or requested. 18. To act as lead adviser to Chief Pleas when shaping the Vision for Sark. 19. Ensuring all decision making by Chief Pleas is properly informed. Providing research and options for key policy decisions, assessing costs, giving support and assistance to forward planning to establish a medium/long term strategy and assisting with continuity and cohesion between Committees. 20. Prioritising work undertaken by the Law Officers and other appropriate outside services. 21. To provide the Speaker of Chief Pleas with clerical support ahead of Chief Pleas meetings and as required for any follow up work. Communication role 22. To provide inspirational leadership, communicating key messages in a manner that motivates all public servants. 23. To communicate effectively with all members of Chief Pleas ensuring engagement and participation. 24. Advise Government on media management and drafting of proactive communications as well as reactive press statements. 25. To act as the first point of contact for all enquiries from Government officials, politicians, external agencies and the media. Page 2 of 5

65 26. To encourage the fostering of positive relationships within the Bailiwick. To encourage positive relationships with other Crown Dependencies; the British Isles and beyond. 27. To develop a unique, distinctive and cohesive brand for Sark recognised worldwide by potential visitors, and those wishing to live work and do business on Sark. 28. To act as first point of contact with the Law officers of the Crown and other key partners. 29. To be proactive in terms of public relations including developing Government web presence, engaging all citizens as far as possible in the governance Sark. 30. Responsible for providing timely, accurate and impartial advice to the Sark community on the policies and strategies of the Sark Government. 31. Responsible for transparent public consultation on the policies and strategies of government and to act as a conduit for feedback on proposed policy changes and how they affect the future of Sark. 32. Liaise directly with the management team of Isle of Sark Shipping (IoSS) Co. Ltd. 33. Lead contact for Lt Governor s Office, Ministry of Justice, Foreign Office, and other Crown Dependencies. Resource management 34. Challenge established practices and, in conjunction with the Treasurer, develop innovative solutions that ensure the efficient management of all resources (people, skills, money, premises, equipment, information and data), in support of agreed targets for service delivery and improvement. 35. Continuously review practices and procedures to identify efficiency savings and ensure the decision makers (politicians) take this into account so that residents of Sark are provided with the best value for money. 36. Develop a culture of performance management ensuring that systems and processes are firmly embedded within the Government of Sark that secure the delivery of high quality services and ensure their continuous improvement. 37. Ensure all Sark public servants have clarity regarding their work objectives and are motivated to deliver high quality service. Person specification key criteria: Experience 1. Proven track record and experience in leadership within corporate government and the system of government in another jurisdiction, such as UK or Crown Dependency. Page 3 of 5

66 2. Significant knowledge and understanding of the process of government including interaction between politicians and officials in a small island/community, or local government. 3. Significant experience of the policy making process in government and the ability to lead change at a senior level. 4. Experience and proven track record of developing strong relationships with multiple stakeholders and ability to do this on Sark, within the Bailiwick and further afield. 5. Experience, communicating and delivering change in a diverse and challenging environment. 6. Leading and line managing volunteer teams working across functions, including all aspects of performance management and motivation of professionals and senior professionals. 7. Ensuring the effective delivery of objectives and targets in partnership with others. 8. Making a key contribution to strategic decision making. 9. Ability to make systematic and rational judgments, based on relevant information, draw correct pragmatic conclusions, taking into account the wider strategic picture, with sensitivity to the political dimension i.e. politically astute. 10. Excellent interpersonal, communication, influencing, presentation skills verbal and written, including the ability to present and argue clearly in different forums (to the media, public presentations etc.); 11. Excellent organisational and people management skills including experience of working in a volunteer culture. Qualifications 12. Degree/Chartered Institute of Management or equivalent qualification. 13. A human resource qualification with experience of implementing human resource strategy within an organisation. In line with the States of Guernsey Competency Framework, candidates must be able to demonstrate the following abilities: ESSENTIAL BEHAVIOURS LEADERSHIP Clarify and shape Chief Pleas role and purpose in delivering priorities for the public and economic good. Articulate their own area of influence and business model and help Chief Pleas Committees, Conseillers and volunteers see their role in it. Develop long-term strategies from the Sark Reform Law and Chief Pleas decisions to add value to Sark and make a lasting change beyond the public service. Page 4 of 5

67 TEAMWORK Proactively create and maintain a strong network of collaborative relationships with colleagues within Sark, and with government officials in Guernsey and beyond. Encourage a diverse and collaborative working culture which encourages transparency and open communication. Leading and Communicating - Be visible to staff and stakeholders and regularly undertake activities to engage and build trust with people involved in specific areas of work. Build high performing team(s) within own area, aligned around common goals; Collaborating and Partnering - Actively involve partners to deliver a business outcome through collaboration that achieves better results for islanders. Building Capability for All - Ensure that individual and organisational learning and development opportunities are fully exploited in order to enhance organisational capability. ACCOUNTABILITY Manage strategic commercial relationships and delivery arrangements actively and effectively to provide ongoing value for Sark. Make and encourage strategic choices on spend, challenge high risk costly projects and forgo non-priority expenditure; Promote and visible demonstrate a culture of value for money in own area in order to focus Chief Pleas Committees on getting good return for Sark community; Set up clear structures, systems and resources required across the organisation to promote efficient service delivery; Drive a performance culture within own area and support and encourage a focus on performance and priorities; Adopt clear processes and standards for managing performance at all levels within Chief Pleas administrative structure including volunteers. Page 5 of 5

68 ITEM 14 POLICY AND PERFORMANCE COMMITTEE Report with proposition to Michaelmas Chief Pleas, 4 th October 2017 REPORT FROM THE PANEL ON THE INTERVIEWS FOR THE INDEPENDENT COMMISSIONER, THE CONTROL OF ELECTRICITY PRICES (SARK) LAW, 2016 The purpose of this report is to update Chief Pleas on the progress made in implementing The Control of Electricity Prices (Sark) Law, 2016, (the Law), and to nominate Dr. Anthony White for appointment to the Office of Independent Commissioner under the Law. Interviews took place on 31 st August 2017 in the Sark Room, Les Cotils, Guernsey. Three candidates applied for the post and all three appeared, from their applications, to have the necessary qualifications and experience to be suitable to interview. Each candidate provided two professional referees. References were taken up and were, in general, positive. Candidates were also requested to declare in their application any present or previous interests or dealings that they may have had with the government of Sark, Channel Islands Competition and Regulatory Authorities, (CICRA), any Channel Island utility provider or any members of the panel. Two candidates made declarations which were not considered to be major issues of conflict, considering the specialist nature of the role, the very small international pool of suitable candidates and the unique circumstances that Sark has. As approved by the Policy and Performance Committee, (P&P), and informed to the meeting of Chief Pleas on 23 rd of August 2017 by Conseiller Fry, the independent panel was made up of Advocate Simon Howitt, Michael Byrne (Chief Executive of The Channel Islands Competition and Regulatory Authorities) and Kath Jones, Senior Administrator. The panel was responsible for recommending a candidate in accordance with the terms of reference set out by P&P (attached) to the Committee for their approval and, if this was forthcoming, for that Committee to recommend the appointment to Chief Pleas at The Michaelmas meeting. Members of the panel had received applications, CVs and references for all applicants in advance. The Senior Administrator had devised a number of questions in advance which were technical, legal, and contextual (attached) that would be asked of all applicants. These were commented on by the rest of the panel and additional questions added resulting in a set of questions that the whole panel was content to use. The panel met at 0930 and prepared for conducting interviews to ensure that all panel members were clear about purpose, sequencing of questions and supplementary questions that arose from individual applications. Emphasis was placed on the importance of each interview being as consistent as possible with allowance for particular issues to be explored and clarified with individual applicants. It was agreed that The Senior Administrator would describe to each candidate how the interview process would move forward, and ascertain that the candidate was content with this and the time scale of how any recommendation as to a suitable candidate would be carried forward.

69 One hour was allowed for each interview but there was a degree of flexibility as there was a half hour gap between each one which also allowed the panel to reflect on that interview. The application form requested of candidates asked for an indication of the fee basis upon which they would carry out the role if appointed. The panel explored with each candidate how they had come to their conclusions on this matter and investigated the possibility of negotiation. Each candidate was interviewed, candidates A and C in person and candidate B by FaceTime (The Apple version of Skype) by prior agreement. It was considered vital to interview each candidate on the same day for both consistency and efficiency including cost implications. At the end of the three interviews, the panel discussed who, to the best of their knowledge, would be the candidate most able to carry out the role of Commissioner. The panel agreed, unanimously, that two of the candidates would be capable of carrying out the role. The third, candidate A, would not. Of the two candidates who, in the panel s opinion were capable of fulfilling the role - Candidate C: Showed a good technical understanding of the energy regulation sector. Answered all questions in a sound and professional manner. Candidate B: Answered all questions well with in depth knowledge. Was both inquisitive and enthusiastic about the role. Demonstrated a deep understanding of electricity price control for the future of Sark, like other small communities. Was open minded. Knew what he had to find out from a variety of sources and what the work would involve. His answer about who he would have to consult was particularly thorough. Demonstrated wide views giving consideration to utilities in a wider world context of changing technology. Would see the work through even if some aspects became challenging, using enthusiasm and knowledge. Had considered how much time it would take to make the first determination and had given a price for the work. Candidate B, Dr. Anthony White was approached by the panel and agreed for his name to be put forward to the Committee. His fee for work in making a determination in the first year, including the hiring of resources to complete simple tasks, is a fixed price of 10,000 (the first year being from such time as Dr. White commences the work of Commissioner). He will also expect expenses, such as travel. Should his estimate of the time taken increase through a legal challenge his daily rate is 1000 per day. Dr. White confirmed he is available for work from November 2017 onwards. Conclusion and recommendation Overall there was unanimous agreement with little further discussion that the best candidate overall was candidate B, Dr. Anthony White, as, in addition to a sound application and excellent references from high profile professionals in the relevant field, he had best understood all the aspects of the role and given the most comprehensive interview. The panel was also confident that he would see the task through and have an ongoing commitment to the role. He also appears to offer the best value overall. He demonstrated a very high degree of independence, authority and

70 resilience to carry out the Office. Therefore by unanimous decision of the panel Candidate B Dr. Anthony White was recommended to the Policy and Performance Committee, for the purpose of nominating him to Chief Pleas for appointment under the Law. Proposition That Chief Pleas, on the nomination provided by the Policy and Performance Committee, appoints Dr. Anthony White as The Sark Electricity Price Control Commissioner for the next five years, commencing when the Oath of Office has been administered by the Seneschal s Court. Conseiller Hazel Fry Deputy Chairman, Policy and Performance Committee

71 Interview questions for role of Commissioner, The Control of Electricity Prices (Sark) Law 2016 These questions incorporate issues highlighted by panel members Adv. Simon Howitt and Michael Byrne, Chief Executive, CICRA. 1. What features of the role led you to apply? 2. How would you deal with questions and queries from politicians and electricity customers that are outside the remit of the Commissioner role? For example the need to license the supplier, nationalisation of the supplier, or how wrong the law is. 3. The Commissioner may publish information (section 4), taking into account this Office is new to Sark, what would you publish and by what means, to assist electricity customers understand what the purpose of your role is? What would you do if you were asked to hold a residents meeting? 4. What information and material considerations would you need to make a determination, firstly from the supplier, and secondly what information from elsewhere would you need? 5. What experience have you had in dealing with evaluation of documents of questionable voracity and how did you rectify the matter? 6. What items/costs/expenses should the Commissioner question as not reasonable for the supplier to have? Give examples. How would you as Commissioner view legal costs incurred by a supplier in challenging government policy or legislation, being added to the price per unit of electricity to the customer? 7. What would you do as Commissioner in the event of being presented with accounts that do not appear to be audited? 8. How would you handle capital issues such as the state of the infrastructure and future need for investment within The Law? 9. In section 14 the Commissioner may consult such persons on such matters arising in relation to the determination as the Commissioner sees fit. Give examples of who the Commissioner might consult and why? 10. What sort of comment or question from the Committee would the Commissioner see as unreasonable/inappropriate (see section 14 1 b ii)? Give an example and explain how you would deal with it. 11. In section 15 5 it mentions related services. Give an example of what a related service might be and how the Commissioner should work out whether it is or isn't a related service? The current supplier also provides servicing for telephones and employees of the company also carry out electrical repairs. How difficult do you think that it may be to separate accounts related to these activities from the supply of electricity? 12. What would you do if Chief Pleas annulled a Price Control Order (PCO)? 13. In section 20 2 d, grounds for appeal include a lack of proportionality, give examples of what this could be? 14. Do you have any experience of appeals against regulation in which you have been involved coming to a Court? 15. How would you handle capital issues such as the state of the infrastructure and future need for investment within The Law? 16. How would you deal with media enquiries and negative media about the Commissioner s work and his life/relationships? 17. What do you think is most important in a small community (popn. approx. 550) to ensure the Commissioner s work is a success and is seen as a success? 18. Question related to time taken to make first determination and remuneration required by each candidate as stated in their application. 19. Invite any questions/queries from the candidates.

72 Terms of reference for the creation, implementation and operation of an appointment panel to make a recommendation for the appointment of an independent control of electricity prices commissioner (the commissioner) to the Policy and Performance committee under the Law PURPOSE The purpose of this Terms of Reference (TOR) is to set out how the appointment of a suitable candidate for the role of the Commissioner is to be completed by means of a Panel of competent persons appointed by the relevant Committee of Chief Pleas, Policy and Performance Committee (P&P), and for that Committee to consider the recommendation from the Panel, and where appropriate make that recommendation to Chief Pleas for approval. The TOR complies with the requirements of the Control of Electricity Prices (Sark) Law It also adheres to the six good governance principles Independence separating out the political from the administrative where appropriate Openness and transparency a way of working where everyone can see how the decision was reached Accountability ensuring those undertaking the task know their role and responsibilities and can be held to account Integrity ensuring those undertaking the task apply their efforts impartially and honestly Clarity of purpose ensuring those undertaking the task take all relevant information into account and do not get distracted by others Effectiveness ensuring those undertaking the task can achieve a successful outcome CREATING THE PANEL The Panel shall consist of a minimum of three individuals chosen by P&P for their ability to complete the task, demonstrate the six principles of good governance, and with a connection to Sark where possible. No politician from Sark or any other jurisdiction within the Bailiwick may be part of the Panel. The Panel shall be asked to confirm their commitment to the six principles of good governance on commencement of the task. The membership of the Panel will be made public at the earliest opportunity by P&P via a meeting of Chief Pleas. The Panel shall seek out and receive all relevant information from applicants relating to the task and use it to make a recommendation to P&P. The Panel will be provided with administrative support from the Committee Support Team by the Senior Administrator. To assist the Panel in their task a group address may be set up e.g. appointment.panel@gov.sark.gg for the Panel and others to use. The Terms of Reference for the Panel will be posted on the government website under the page titled Panels at the same time the report to Chief Pleas is made public. THE WORK OF THE PANEL The Panel will conduct an appointment process, by taking into consideration applications, references and answers given at interview, so as to give a unanimous decision of a recommended candidate for the role of Independent Commissioner, to P&P.

73 OPERATION OF THE PANEL The Panel will meet and communicate by whatever means and as many times as necessary to consider the information available to them to be able to make a recommendation to P&P. If a member of the Panel is unable to complete the task, then they must make this known to P&P, and a new member found to enable the Panel to complete its task. The recommendation will set out in writing what the Panel has taken into account, what information it asked for but was not available to it (if any) and any other officials or professionals it consulted as part of the process. The recommendation will be a unanimous decision of the Panel, and will only be communicated to P&P once this level of agreement has been reached. In the unlikely event the Panel cannot agree a recommendation they will inform P&P in a timely manner, and seek further clarification so as to be able to complete their task. DISBANDING THE PANEL P&P will disband the Panel once it has completed its task and it has received the recommendation of the Panel to be included in the agenda of the next Chief Pleas meeting. At that point any group address used will be taken out of use and s archived as government records. RECORDS All documentation, minutes and other information used by the Panel will be stored in the government filing system for future reference. Aug 2017 END

74 ITEM 15 POLICY AND PERFORMANCE COMMITTEE Report with proposition to Michaelmas Chief Pleas, 4 th October 2017 SECURING SARK S FUTURE PROGRESS REPORT At Christmas Chief Pleas (22/01/14 Min. Ref. 20.9) the policy for Securing Sark s Future (SSF) 2014 was agreed. Chief Pleas also agreed to receive regular progress reports during 2014 and beyond in support of each of the key enablers and priorities. At Easter Chief Pleas 2017 (item 14) Chief Pleas approved the following prioritising of policy areas as detailed below. Priority 1 Reform Law - Good Governance and Establishment Review Priority 2 Land Reform to be run in parallel with Development Control Law Priority 3 Part two of the Children (Sark) Law Priority 4 Top Level Domain Priority 5 Definition of a Resident The remaining SSF policy priorities, existing reviews and new pieces of policy work were agreed as follows:- Review of Education (new 2017) Fairer Taxation (existing SSF) Sustainable Reasonably Priced Electricity (existing SSF) Policing Review (existing) Liquor licensing (existing) This is the fifteenth of these progress reports. Further progress reports will be brought to the Christmas Chief Pleas meeting in January As has been the procedure to date, where any of the areas of policy development reach either a proposition point or have substantial information to provide, they will be reported separately on the relevant Chief Pleas agenda, on this agenda these are:- Priority 1 Reform Law - Good Governance and Establishment Review see report titled New Shape of Chief Pleas elsewhere on this agenda Proposition That Chief Pleas takes note of the contents of this progress report. Conseiller Charles Maitland Chairman, Policy and Performance Committee

75 SECURING SARK S FUTURE POLICY 2014 ONWARDS MONITORING REPORT DATE: 4 th OCTOBER 2017 MICHAELMAS CHIEF PLEAS ITEM 15 Appendix PDT = POLICY DEVELOPMENT TEAM KEY ENABLER (E), PRIORITY (P) or FURTHER WORK (F) RESPON- -SIBLE CTTEE(S) DESIRED OUTCOME IMPACT OF WORK ON OTHER COMMITTEES Benefits (B)/Risks (R) BENEFITS FOR THE COMMUNITY (residents and businesses) PROGRESS NEXT MILESTONE AND DATE E - Sustainable Electricity and High Speed Broadband Sustainable Electricity PDT Reasonably priced sustainable supply for businesses and residents in Sark. An economically viable and reliable service for businesses and residents in Sark. B = all other committees can set policy for the longer term (at least 5 years ahead). R = None currently identified Reasonably priced future proofed electricity supply for the island. More opportunity to set up and make successful low footprint high revenue businesses. More choice for residents over the communication/entertainment systems they use. Consideration and research is being given to how best to define a policy for Sustainable energy for Sark. A report to Chief Pleas with progress on research and a possible statement of intent is planned for Christmas Chief Pleas Jan 2018.

76 KEY ENABLER (E), PRIORITY (P) or FURTHER WORK (F) RESPON- -SIBLE CTTEE(S) DESIRED OUTCOME IMPACT OF WORK ON OTHER COMMITTEES Benefits (B)/Risks (R) BENEFITS FOR THE COMMUNITY (residents and businesses) PROGRESS NEXT MILESTONE AND DATE P Revenue Generation (empty properties and fairer taxation) Finance & Resources Committee (F&RC) To examine the collection of direct taxes to ensure that they are collected in a manner that fairly distributes the burden of taxation and, where applicable incentivizes the occupation of under occupied properties with economically active persons. B = The lead role for Economic Development on the Policy and Performance (P&P) Committee, will be tasked with promoting economic development to entice new economically active people and new businesses to Sark. R = The lead role for Economic Development on the Policy and Performance (P&P) Committee, will see some property owners wishing to keep their properties empty, therefore not contributing to the economic activity of the island as much as they could do. Community fairer taxation for people who live here to ensure Sark remains an attractive aspirational place for the economically active. Business community - enlarged by the economically active being customers as well as businesses (current and new) having a greater resource in terms of workforce. F&RC has requested that the Law Officers produce a draft amendment Projêt to update the Real Property (Transfer Tax, Charging and Related Provisions) (Sark) Law, 2007 F&RC have started considering the possible future taxation of seasonal workers. F&RC will report further on these matters in due course. 2

77 KEY ENABLER (E), PRIORITY (P) or FURTHER WORK (F) RESPON- -SIBLE CTTEE(S) DESIRED OUTCOME IMPACT OF WORK ON OTHER COMMITTEES Benefits (B)/Risks (R) BENEFITS FOR THE COMMUNITY (residents and businesses) PROGRESS NEXT MILESTONE AND DATE P Land Reform (voluntary divisibility of land) Land Reform PDT Land owners can voluntarily divide their land for sale or long lease and all owners leases can raise charges on the land (mortgages). B = Contribute to the work of the DC Law PDT R = None currently Without the ability for people to invest in and charge their properties Sark will hamper attracting incoming investment by businesses and economically active individuals. A verbal report will be given by Cllr Raymond on the day. As per the verbal report given by Cllr Raymond on the day. Development Control Law Development Control Law PDT Fit for purpose development control law. B = Contribute to the work of the Land Reform PDT R = None currently Clear and transparent process and criteria for decision making. First draft of the law is being considered by the team. Cllrs have been asked by the Team Leader to find a replacement Team Leader due to other Cllr commitments. Replacement Team Leader to be approved at Policy Development Group.

78 KEY ENABLER (E), PRIORITY (P) or FURTHER WORK (F) RESPON- -SIBLE CTTEE(S) DESIRED OUTCOME IMPACT OF WORK ON OTHER COMMITTEES Benefits (B)/Risks (R) BENEFITS FOR THE COMMUNITY (residents and businesses) PROGRESS NEXT MILESTONE AND DATE P Definition of Resident (Reform Law) Resident Definition PDT A single umbrella definition contained in the Reform Law. B = all Policy development teams can choose to use the umbrella definition or their own definition for the purposes of their proposed legislation e.g. fairer taxation. R= none identified to date. A clear definition that everyone understands and is understandable in future legislation. Ensures that people genuinely living on Sark are definable for the purposes of elections and eligibility for certain posts - in the Reform Law. Also for certain entitlements (e.g. legal aid, education, work entitlement, support via the Procureur). The Law Officers advice is being used to develop the definition. Further clarification from the PDG is now available for the Team to consider. Further public consultation on the revised definition will be conducted and reported to a Chief Pleas, before the end of

79 KEY ENABLER (E), PRIORITY (P) or FURTHER WORK (F) RESPON- -SIBLE CTTEE(S) DESIRED OUTCOME IMPACT OF WORK ON OTHER COMMITTEES Benefits (B)/Risks (R) BENEFITS FOR THE COMMUNITY (residents and businesses) PROGRESS NEXT MILESTONE AND DATE F Reform Law (good governance) Good Governance PDT The Reform Law only has arrangements in it that allow elected post holders to make decisions affecting Sark and its community. B = Chief Pleas can demonstrate its strengthening of the democratic process by good governance. R = Changes may be resisted by current post holders and Chief Pleas unable to implement further changes. As part of a Crown Dependency Sark must demonstrate and be seen to demonstrate its commitment to its relationship to the Crown through good governance. Its arrangements must be able to stand up to international scrutiny to ensure its reputation for the future. The Conseillers Code of Conduct has been incorporated into the Rules of Procedure of Chief Pleas and is available to view on the government website. Please see report New Shape and Functioning of Chief Pleas, elsewhere on this agenda. Please see report New Shape and Functioning of Chief Pleas, - elsewhere on this agenda.

80 KEY ENABLER (E), PRIORITY (P) or FURTHER WORK (F) RESPON- -SIBLE CTTEE(S) DESIRED OUTCOME IMPACT OF WORK ON OTHER COMMITTEES Benefits (B)/Risks (R) BENEFITS FOR THE COMMUNITY (residents and businesses) PROGRESS NEXT MILESTONE AND DATE Governance Arrangements (Committee function, structure and systems) P&P All arrangements are fit for purpose, efficient and meet the Six Principles of good governance in all that they do. B = Accountability that is open, transparent and for the benefit of the community of Sark (people and businesses). R = Some local stakeholders may want to maintain previous arrangements thus risking the reputation of Chief Pleas with its stakeholders locally and internationally. Some stakeholders may challenge the changes proposed as not being sufficient for a modern democracy. This ensures a government that works for, and can be seen to work for the whole community of Sark, whilst maintaining its positive relationships locally and internationally. No further work required as per decision of Chief Pleas not to progress this matter at Midsummer meeting None. 6

81 KEY ENABLER (E), PRIORITY (P) or FURTHER WORK (F) RESPON- -SIBLE CTTEE(S) DESIRED OUTCOME IMPACT OF WORK ON OTHER COMMITTEES Benefits (B)/Risks (R) BENEFITS FOR THE COMMUNITY (residents and businesses) PROGRESS NEXT MILESTONE AND DATE P- Part II Children (Sark) Law Children Law PDT The children of Sark are afforded the same or better protection than their counterparts in other parts of the developed world. B = Policing Review PDT will be able to reassure itself that its findings and recommendations align with the protection of children on Sark. The Sark Constables and Court will benefit from the backing of this law in dealing effectively with child protection cases. Chief Pleas will be able to produce procedures and guidelines that maintain a consistent approach to child protection. The team has requested the assistance of the Senior Administrator to secure the time and input from the appropriate Law Officer. Progress will be reported to Christmas Chief Pleas Jan END

82 ITEM 16 AGRICULTURE, ENVIRONMENT, SEA FISHERIES & PILOTAGE AND POLICY AND PERFORMANCE COMMITTEES Joint Report with propositions to Michaelmas Chief Pleas, 4 th October 2017 THE DAIRY INDUSTRY IN SARK This Report brings to Chief Pleas and the wider public the concerns of both Committees as to the fragile state of Sark s dairy industry. This fragility has prompted a concerned resident, Dr Richard Axton, to carry out a review of the industry and his personal report has been provided to the Committees for their use, as they see fit. The Axton Report is at Appendix 1 and is entitled Additional comments on the Agriculture Committee Information Report to CP 10th April 2013, the 2013 Report is attached as Appendix 2. Both Committees are concerned to have discovered, although long suspected, that the Nightingale Dairy has no short or long-term security of tenure either on the current site of the dairy or the grazing and agricultural land that they currently have use of, albeit that some fields are rented but only on a year to year basis whilst others are used in an agreement with various landowners to maintain the field and hedges but with nothing other than verbal agreements. Whilst there is another small dairy producing milk products the primary dairy is the Nightingale business. The business has suffered an estimated one-third drop in sales over the past few years and this is put down to the closure of the four hotels, and whilst bed numbers in Bed & Breakfast and Self-Catering have increased Sark s bed-stock to greater than when the 4 hotels were available the lack of seasonal staff to service the hotels remains an issue, the shift in visitors more day trippers and possibly fewer stayers may be having an effect also, a rising level of imported Guernsey milk, heavily subsidised by the tax-payer of Guernsey, and a declining population. The dairy suffers from the seasonal effect of requiring surplus cows in the winter, loss making, but maintained to produce sufficient quantities of milk and cream, during the tourist season. The dairy has successfully supplied the requirements of the shops and the events such as the Folk Festival and Sheep Racing weekends and other events that bring large numbers of trippers and staying visitors to the island. The owner of the primary dairy business is quite clear that if the importation of subsidised Guernsey milk was stopped then the diary could still provide all the milk requirements of the island without any significant increase in herd size. This Report cannot provide a quick fix solution today of the problems facing Sark s dairy industry and these problems remain as the same ones identified in the 2013 Report to Chief Pleas and now reinforced by the Axton Report. The 2013 Report was an Information Report and subsequently no actions were taken by the then constituted Agriculture Committee even though the Report ended with the words The intention therefore is to consult and positively intervene to support the dairy herd and all the benefits that Sark received from it. During the debate on that Report Conseiller Nightingale declared a pecuniary interest and left the Assembly Room, not returning until the debate was over.

83 In order that Sark does not end up without a dairy industry which would have a detrimental impact on the pastoral landscape we and our visitors enjoy, and all that would entail the two Committees are determined that a solution for the long-term must be found and provide the following Propositions for consideration by Chief Pleas. Proposition 1 That Chief Pleas authorise the Agriculture, Environment, Sea Fisheries and Pilotage Committee to secure a long-term government rental or lease agreement on the current dairy site, from the landowner, with the ability to sub-let. Proposition 2 That Chief Pleas authorise the Agriculture, Environment, Sea Fisheries and Pilotage Committee to enter into long-term government rental or lease agreements with landowners for sufficient grazing and winter feed land to support a dairy, of current size, with the ability to sub-let. Proposition 3 That Chief Pleas authorise the Agriculture, Environment, Sea Fisheries and Pilotage Committee, having obtained sufficient land to support a dairy of the current size, to sub-let this land to dairy farmers. Proposition 4 That Chief Pleas direct the Agriculture, Environment, Sea Fisheries and Pilotage Committee to request the Law Officers of the Crown, as a matter of urgency, to investigate and draft legislation to prevent the importation of liquid milk products from within and without the Bailiwick into Sark and report their initial findings to the Policy Development Group for prioritisation. Conseiller Helen Plummer Chairman, Agriculture, Environment, Sea Fisheries and Pilotage Committee Conseiller Charles Maitland Chairman, Policy and Performance Committee

84 APPENDIX 1 Personal report from Richard Axton Additional comments on Agriculture Committee Information Report to CP 10 th April 2013 (Options to provide support for the dairy industry in Sark) Over the past year ( ) I have undertaken some fact-finding on my own initiative. I have reported informally and formally to Agriculture Environment &c and to P&P, who have welcomed my input. Many of my conversations with interested parties on the island have been of a confidential and sensitive nature, and I therefore report in general terms. Sark. I have spoken at some length with the current dairy farmer and his team and with his principal landlord. I have discussed the future of Sark dairy with all the livestock farmers. None is interested in taking on a dairy. Some are interested in raising beef calves or growing winter feed. I have looked at the amount and distribution of grazing land potentially available. This is uncertain because of changes of ownership, competition with for sheep grazing, lack of commitment on the part of individuals. It is complicated further by the state of SEM fields formerly vineyards. Despite all difficulties, I estimate that with some cooperation and agreement about minimum tenures a viable farm is feasible. I have looked at two possible sites for re-locating dairy buildings as the focus of a new enterprise. Discussion in one instance proceeded quite hopefully but came to nothing. The possibility of the Island (or a benefactor) purchasing land for the purpose of locating a new dairy (an option not envisaged by Kniveton s #2 in 2013) remains open. Alderney. I visited Alderney and spent a day with Mike Cox, whose dairy business is now established and thriving, with butter, beef and an in-town shop. He stressed that none of the 74 farmers who applied for the Alderney situation would have considered Sark s current arrangement where there is no security of grazing. The land and herd were owned by Alderney States. What was needed was capital (a white knight ), experience and new enterprise. Alderney Wildlife Trust helped defray running costs by grazing his non-milkers. States of Guernsey subsidizes Alderney dairy to the tune of at least 30,000 pa. But the scale of herd and human population is about three times Sark s. Export of winter-made butter to Guernsey was crucial to establishing Cox s business. Jersey. I visited Jersey s Classic Herd Dairy and Farm Shop, the Quenault family enterprise, independent and proudly thriving after 15 years hard work. This is much larger scale (roughly ten times Sark s) though still small by UK standards. The success of Darren and Julie s enterprise I would attribute to 1) a hard working family with vision; 2) modern equipment and efficient focus; 3) production of lucrative yoghurt, cream and ice-cream; 4) a dairy teashop and visitor-friendly Jersey calves; 5) community pride and support (recent installation of robot milking was covered on TV news and occupied 4 pages of JEP.)

85 Guernsey. I spent a morning with Guernsey agricultural/environmental officers (Dr Andrew Casebow and vet David Chamberlain), who know Sark well. Their view is that Sark s pastoral future may lie in beef cattle, with milk as a minority by-product. I learned that Guernsey milk subsidies are being phased out; that most Guernsey dairy farmers are renters; that there is no pool of eager young farmers there. People. It seems are people in UK and Ireland from farming backgrounds who lack land and there are organisations that try to match them. Recruitment would be all-important and would depend on the package Sark had to offer. This would need to include: herd, secure grazing, cattle stalls, dairy and plant, affordable housing. Comments on 2013 Report The Report of 2013 (which followed a meeting with the committee requested by La Société Sercquaise) grasps the main issues, makes the case for public action and outlines ways forward. But its excellent suggestions seem not to have been followed up. The situation has become critical and more difficult owing to changes in the past four years. Land Reform. Popular support for a Sark agricultural lease has done nothing to help the situation nor to address practically the need to secure grazing. Delay in pursuing reform is dispiriting to farming and is inhibiting new enterprise. Public awareness of Sark s traditional rural landscape has increased, partly as a result of work done in conjunction with archaeologists and CI environmental organisations (Sark is hosting the annual Inter- Island Environmental Meeting for this first time this September: its theme is Habitat Management ). Awareness is also in part a response to the vineyard fiasco. But the case for massive increase in public spending to support environment through farming has not yet been made loudly enough. On the positive side, Chief Pleas s recognition of the need for public investment to upgrade the slaughterhouse gives a future to husbandry in Sark and establishes a welcome precedent. ISS reduction in back freight rates for shipping produce made in Sark is a welcome encouragement to farmers to look to export markets at a period when local demand has shrunk. Milk subsidies paid by the States to Guernsey milk farmers are being phased out (reduced annually by 200,000) so that importing milk from Guernsey to undercut Sark prices will be less lucrative in future. Conclusion. Value added dairy products (yoghurt, butter, ice-cream, cheese), Export, a Dairy Farm Shop, Sark branding, are key elements to making a new-style business viable and profitable. Public support is also essential through investment in new buildings and machinery, in a joined-up plan to secure grazing, and willingness to consider subsidizing housing to attract a new dairy farmer/family (as it does for teachers and a doctor). RA 23/8/2017

86 APPENDIX 2 ITEM 23 AGRICULTURE COMMITTEE Information Report to Easter Chief Pleas, 10 th April 2013 OPTIONS TO PROVIDE SUPPORT TO THE DAIRY INDUSTRY IN SARK It has recently been highlighted to the Committee that the future of the Dairy Industry on Sark is precarious, principally due to the lack of security of tenancy for the land currently grazed by the herd of the main milk producer. The Agriculture Committee consider it essential for the Dairy Industry on Sark to continue and be viable, with a guaranteed future, for a number of reasons: 1. The securing of a number of skilled jobs. 2. The security of supply of a high quality local product which is valued by locals and visitors. 3. The management of land to maintain the integrity and biodiversity of the landscape including the tidiness of fields and the maintenance of hedgerows and boundaries. 4. The maintenance of the traditional rural landscape which is a greatly significant part of Sark s natural beauty. The network of fields stocked with Guernsey cattle enhances the landscape and contributes importantly to the tourist experience which is our greatest economic asset. 5. Sark Milk, Sark Cream, Sark Butter and Sark Ice Cream are all proven brands which have added greatly to the island through the hard work and diligence of the producers and assistance to preserve this asset should be a priority. What assistance can we give? Availability of suitable agricultural land with guaranteed tenancy is the most pressing problem. The current farmer is operating on short-term agreements as he owns none of the land that his herd graze. While he may continue under these circumstances in the short term, he hopes to secure milk production for the next generation, upon his retirement. It will be difficult to continue if there is not some kind of security, which would be needed to make a long term commitment. Further investment will probably be necessary, which no-one could contemplate with an uncertain future. The future may be secured by negotiating with land owners for longer leases, say 10 years, which they are currently unwilling to give. How can they be persuaded? - Incentives Guaranteed realistic income from land (subsidies?). - Legislate to secure a sufficient area of land with use restricted to agriculture, specifically grazing and fodder crops for Dairy, but also provision for sheep and horses; investigate the possibility and legal position of so doing. Realistic rents need to be negotiated. - Dialogue with land-owners to make them fully aware of the need for secure tenancy and try to find out specifically why they will not currently give longer leases. Is the on-going Land Reform debate an issue and if so, why?

87 Other Issues: As stated previously, grazing for sheep and horses, both important to Sark for similar reasons, are also in short supply. Are the difficulties here due to the same reasons and are there other concerns? If the current farmers do not wish to continue, what are the options? - Contact with Alderney Dairy suggests there would not be a problem finding new tenants, if the security of Leases has been addressed. The Committee has received an which is very encouraging about a similar situation on Alderney. The herd size there is larger, so possibly more commercially attractive, but when an advertisement was placed to attract a new farmer, 74 applications were received. The successful applicant has successfully run the business for 13 years and remains extremely positive and committed. - The Herd and the Dairy with its equipment on Sark are assets owned by the Nightingale Family and would need to be purchased. This could be done by Government or a new tenant. Terms would have to be agreed. Colin Kniveton, the Temporary Chief Secretary has considered this information and suggested some ways in which this situation might be addressed: 1. Secure land for grazing a. Enter into long term rental agreements with landowners for sufficient grazing; b. Sublet to Dairy Farmers (only) on acceptable terms; 2. Purchase entire herd and dairy equipment and secure tenancy on grazing land: a. Run as a Government owned operation, with public sector staff; b. Offer dairy and stock as a going concern to suitably qualified tenant at competitive rent; 3. Purchase dairy only: a. Negotiate agreement to purchase milk from local producers; b. Operate dairy as Government operation, with public sector staff; c. Ensure attractive milk price to encourage production; d. Advertise for suitable tenant on preferential terms; 4. Provide assistance to existing (or new) producer(s): a. Grant assistance re capital expenditure; b. Grant assistance with marketing new/existing products; These are all ideas at present and not a suggestion of what action to take. If it did become necessary to intervene and this was found possible, then perhaps the least intervention, of just securing grazing land with extended tenancies would be enough. Further steps of direct involvement may have benefits in securing farming on Sark and should be carefully considered. Various options may all be possible, but would involve Government (The Island) investment. The current producer has indicated that financial viability is not the main issue and that commercially it should be possible for milk production to continue as an independent enterprise.

88 It is the Committee s plan to start a consultation process with interested parties in the Dairy and Livestock industries in Sark, both producers and landlords, with the intention of finding a sustainable way forward. It has had positive offers of help from people with relevant experience in Alderney and Guernsey and will seek out similar assistance from elsewhere. The Agriculture Committee would welcome positive comment, thoughts or criticism that might help direct our consultation both from Members of Chief Pleas and the wider public. Contributions can be directed through Agriculture Committee members. The value of Sark s Dairy Industry to the community should not be underestimated, both in fulfilling all of the demand for a local fresh product and also for being a very visible part of what makes Sark unique. The risk of allowing milk production to cease through not addressing the above issues should not be an option. The intention therefore is to consult and positively intervene to support the dairy herd and all the benefits that Sark received from it. Conseiller Paul Williams Chairman, Agriculture Committee

89 ITEM 17 AGRICULTURE, ENVIRONMENT, SEA FISHERIES AND PILOTAGE COMMITTEE Report with Proposition to Michaelmas Chief Pleas, 4 th October 2017 SARK SLAUGHTERHOUSE UPGRADE At the Michaelmas Meeting, 30 th September 2015 (Item 7), the then Agriculture and Environment Committee presented a report detailing measures that would allow for the continued export of meat from Sark. The steps identified in that report consisted of: That Mr. Gavin Nicolle, as the current slaughterhouse operator, continues to provide a slaughter service at the slaughterhouse. The Island subleases the slaughterhouse from Mr. Gavin Nicolle. The Islands takes over the management of the slaughterhouse. The Agriculture and Environment Committee invited Mr. John Robinson (Chartered Engineer) to draft plans for a proposed upgrade of the slaughterhouse, in consultation with the Slaughterhouse Operator and Mr. David Chamberlain, Guernsey and Sark s Veterinary Officer. At the Easter Meeting, 26 th April 2017 (Item 20), the Agriculture, Environment, Sea Fisheries and Pilotage presented a report entitled Proposed Upgrade to the Sark Slaughterhouse. The proposition to support the ongoing work was approved. The work on drafting plans for the upgrade began in 2016 with the final draft being presented for approval to the Agriculture, Environment, Sea Fisheries and Pilotage Committee at a meeting on 9 th May The tender to upgrade the slaughterhouse has been split into 11 parts (Building, Electrical and Plumbing works, Supply of Refrigerated Panels, Supply of Specialist Doors, Installation of Refrigerated Panels & Doors, Supply of Specialist Resin Floor, Supply & Installation of Refrigeration Services, Supply of Stainless Steel Panels, Supply of Specialist Sealant, Supply of Specialist Equipment, Supply of Fabrications, Supply of Trespa assemblies). The Committee decided that where possible the tenders would be offered locally, with Sark businesses having preference. Specialist work, by necessity, had to go off-island or even to mainland businesses whenever the skills or equipment was not available locally. In such cases, and where possible, steps have been taken to use Island facilities to avoid the expense of having to import. At the time of writing this report though the various tenders bids had been received, a decision as to which would be accepted had not been made by the Committee. This means the final figure for the cost of the upgrade is not available and will instead be presented in a verbal update on the day. Proposition That Chief Pleas approve the expenditure of up to (figure to be available on the day), from capital funds, for the upgrade of the Sark Slaughterhouse. Conseiller Helen Plummer Chairman, Agriculture, Environment, Sea Fisheries & Pilotage Committee

90 ITEM 18 FINANCE AND RESOURCES COMMITTEE Report with propositions to Michaelmas Chief Pleas, 4 th October BUDGET AND TAXATION This Report is presented to Chief Pleas by the Finance and Resources Committee (F&RC) setting out the draft proposed expenditure budget for the calendar year Usually, all expenditure requests have been finalised prior to Michaelmas Chief Pleas, but this year, for two reasons the expenditure proposals are being presented still in draft form. First, with F&RC s newly mandated power to question and potentially modify Committee budget requests for the following year, F&RC has examined all requests and has proposed reductions where next year s request is not in line with previous spending or any proposed changes that have been brought to Chief Pleas for approval. Second, proposals made by Policy and Performance Committee, for new or re-assessed roles, have been presented for consideration but not yet approved by Chief Pleas, so it is not yet known which will be approved or rejected until after debate and voting during this Michaelmas meeting. The potential costs of each of those roles and re-assessments are set out in the draft proposal attached so the overall effect on the total budget can be assessed by all Conseillers. Requests have been made for the cost implications to be clear prior to final decisions being made about these new and re-assessed roles, that is sensible, and those costs are clearly set out within this report. When those decisions have been made, then it will be possible to include the costs in a final expenditure budget for next year. It will not be possible to do that during the Michaelmas meeting, so it is necessary that a further Extraordinary meeting of Chief Pleas will be required to consider a final 2018 Budget proposal. Estimated Expenditure In 2016 the Expenditure Budget requested by Committees was under-spent by a total of approximately 84,000, following a trend of recent years. Because that has consistently happened, F&RC has taken the view that more rigorous examination of previous spending and proposed plans should take place before Budget requests are finalised. It was agreed by Chief Pleas that F&RC should strengthen its Mandate to permit this. Since Midsummer Chief Pleas the requests have been examined to compare what has been requested for 2018 with what was actually spent in 2016 and previous years and with what is being spent to date in It has become clear that expenditure still continues to be under-budget. We have therefore calculated more realistic figures for individual budgets and have included them in a draft budget for consideration. These proposed scrutinised budgets have been circulated to the Committees concerned for comment and the overall proposal sent to all Conseillers. Some Committees had already submitted reduced requests to Midsummer Chief Pleas, but in total it was nowhere near the 84,000 under-spend of F&RC s proposals for budget reductions go further, as follows:

91 Table 1 Committee/heading Proposed Budget /- compared with 2017 Comments Education Committee 200,000-7,085 Comprising of reduced salary requirement, support need and heating, lighting and maintenance budget based on actual figures. The Douzaine 160,000-30,493 Based on actual expenditure for 2016 and 2017 so far, mainly underspending of the wages and annual work programme budgets. The Procureur 170,000 no change Based on actual need. Repairs/Maintenance 64, ,750 A small decrease in depreciation offset by extra work planned for the Coupee and Committee Building and Fire Station Tourism Committee 91,174-2,500 The extra was requested in 2017 to permit the overlap of new and departing senior visitor officers allowing for training. There is no repeat of this needed in Public Works 77,000 No change Income from charges expected to be the same and un-recoverable charges from tax still 7,000 Harbours & Shipping 66,000-26,688 Salaries are consistently less than requested, repairs have been less than budget and crane expenses have been over-estimated recently. The Maseline quay repair has been fully paid off. Legal & professional expenses Medical & Emergency Services 68, ,500 An increase to include PDT costs, funded from the end of renewable energy research funding (- 3,000) 46,000-3,047 Reduced actual Health Visitor costs and potential pharmacy audit cost already raised. Insurance 47,000 No change Grants and Subsidies 17, ,050 Increased grant to St John Marine Ambulance Fund by 2,936 Agriculture, Env ment, Sea Fisheries & Pilotage 14, ,475 Increased funding for TB testing, lime subsidy and extra fisheries patrols and Brexit meetings. Police, Customs and Prisons 21,000 No change Miscellaneous 98,100-12,950 Reductions: 8,000 in Lt Seneschal s expenses, 1,000 in Tax admin. 2,000 in child protection costs. 3,000 end of Renewable energy research funding. Increase: 1,000 in office expenses Total Proposed Reduction - 72,988 This reduction falls within the underspend in the 2016 budget of 84,420 These proposed budgets are realistic considering that the average total underspend in the past seven years, 2010 to 2016, was 102,413 per year compared with expenditure requests. That underspend trend is continuing during the current year. Therefore, by reducing these budgets the current work and obligations can still be funded but there then is the opportunity to use the underspend for other identified needs. Various proposals have been developed and presented for consideration by Chief Pleas and are being presented at this meeting, including their costs, for approval or otherwise. These proposals have cost implications and it has been requested that these potential costs are set out clearly to enable those costs to be taken into account in making any decision. The extra costs that have been proposed are as set out in the following table:

92 Table 2 Role/Expenditure Heading 2017 Budget Cost 2018 Proposal Reason for change Senior Administrator Role 36,487 53,425 Re-evaluation and Job description review Seneschal 16,060 18,000 * Venne Report recommendation Deputy Seneschal 2,677 6,000 * Venne Report Recommendation Treasurer 14,654 22,000 Hours worked have increased greatly. Deputy Treasurer 1,465 2,200 10% of Treasurer salary, extra hours. Totals 71, , Increase: - 30,282 * Not finalised Proposed New Roles and Spending Not in 2017 Budget 2018 Proposal Economic Development and Promotion Role _ 10,000 Proposed in Establishment Review Communications, Media and PR Role _ 10,000 Proposed in Establishment Review Professional Development _ 6,000 and Training provision Total 26,000 Electricity Commissioner _ 15,000 As approved on Funds to be raised in 2018 Additional proposed costs Current roles 30,282 New Roles/Costs 26,000 Approved Cost 15,000 Not budgeted in 2017 Total 71,282 If all of these proposals were accepted, then the Central Administration budget for 2018 would be increased by 71,282, bringing the total for next year to 241,550 Depending on what is approved from the proposed changes, up to 71,282 will be required as funding for If this is combined with the proposed reductions in budgets, of 72,988 as in Table 1 above, in line with current under-spend, then the total effect is almost cost-neutral; (a 1,706 reduction). These decisions will need to be made before next year s Budget can be finalised. Pay Increases: Salaries and Wages Following approval at Michaelmas Chief Pleas 2016 that government employees would be given 12 months notice of replacing automatic Guernsey RPI based annual pay increases and that an alternative method for dealing with pay policy should be produced within that period, there has been no progress made in producing such a pay policy yet. It is not a simple matter and will require considerable research and consideration to produce a fair and affordable alternative policy. Unfortunately, other matters have taken priority over this work and therefore we have to recommend that Guernsey RPI based pay increases are extended to cover It was decided that employees who have an RPI entitlement included in their contract should be asked if they

93 would give up that entitlement without knowing what would replace it. That was done and unsurprisingly we received negative answers. Breaking that contracted entitlement would likely be resisted so it is concluded that the cost implication of continuing with RPI for a further year is less than the alternatives. The current Guernsey RPI rate is 2.3%; if that were the rate in place at the end of the year then the total cost of increases would be approx. 14,000. The actual rate applied will be the published September rate. Draft Expenditure Budget for 2018 Combining all the above information, a draft expenditure budget has been produced as Appendix 1, for information. The first two pages contain the expenditure proposals included in Tables 1 and 2 above which have been entered into the column headed 2018 Budget including wages RPI. With the RPI increases included the total is approx. 12,000 more than this year. For ,241 was carried forward from the previous surplus. If a similar amount is transferred forward from last year s 102,000 surplus, of 40,000, then an 13,000 extra income will be required; a total of 1,352,235. Draft Income Estimate for 2018 Page 3 of Appendix 1 contains the various sources of income that the government receives with estimates for each heading compared with the 2017 Budget. These figures assume no tax rises being proposed for Direct Tax rates would remain as 2017, both property tax and personal tax and also no increase in Impot income. Direct Taxation is predicted to fall by 20,000 from 2017 due to a decreased number of tax payers, particularly a fall in forfait basis personal tax payers. The Impot rates will change to ABV (alcohol by volume) based rates as announced previously, but will be at equivalent levels to achieve the same income. Other income is broadly the same, except Harbour Services income which is predicted to fall by 4,500 and Crane receipts which are expected to rise by 1,000. The significant difference is the higher Property Transfer Tax (PTT) that was received in the past year, up by 42,200 on the previous twelve months. PTT is included in the following years budget as received as it is unpredictable as income, so is only recorded and used as received. Balancing forecast Income with possible proposed Expenditure The combined result is that without an increase in Direct Taxes or Impot for 2018, the income is forecast at 1,363,700, which is 18,700 more than budgeted for in this year, Comparing that income forecast with the possible expenditure, above, of 1,352,255- that would give a budget surplus of 11,465 as shown on page 2 of Appendix 1. In Summary It has been attempted to show that if proper control of expenditure budgets is exercised and with realistic forecasting of the money that will be required, to do the work or perform the function that is mandated, a more accurate income requirement can be calculated - and tax raised accordingly.

94 In the past more tax has been raised than spent, on a consistent year after year basis and that has increased Reserves to the strong current level. However, if the government needs to be sustainable it also has to have the resources to function and if that requires spending its full tax income rather than seeing a virtue in consistently under-spending without a plan set out, then it surely makes sense to do so. That is a choice that Chief Pleas and Conseillers currently face. Proposals, with costs, are being brought to this Chief Pleas meeting. These budget proposals set out those costs and spending options to provide Chief Pleas, which will soon reduce its membership to 18 Conseillers, with a way of funding the resources considered necessary to run a self-governing jurisdiction. That choice is for Conseillers to make. The 2018 Budget and Taxation The Budget for 2018 cannot be finalised until those choices have been made. There are no propositions being brought to this Chief Pleas, to set taxation or approve a finalised Budget. Consequently, there is no Taxation Ordinance submitted for approval. Once decisions are made at Michaelmas Chief Pleas, approving or rejecting roles, re-assessments and funding, and also deciding whether or not to accept the reduced proposed individual budgets, then Finance and Resources Committee propose to finalise the 2018 Budget after the meeting. Then it will be necessary to return for an Extraordinary Chief Pleas with the resulting Propositions and Taxation Ordinance, to have the Budget in place in time for the start of The roles, re-assessments and funding associated with the New Shape of Chief Pleas and the Establishment review will have been debated and decided upon in the Agenda before this Report is considered. So, the financial implications will have been decided also. Further to that, F&RC will also need to know if the proposed reduced expenditure budget for 2018, set out in Table 1, based on current expenditure levels is accepted. If not, then alternative values will have to be proposed, voted on and substituted. Note, whichever figures are decided upon, RPI based rises will be applied to the pay costs within those budgets for Finance and Resources Committee propose that those expenditure budgets are realistic based on current and proposed activity and therefore submit the following Propositions: Proposition 1 That Chief Pleas accepts the proposed individual expenditure budgets for 2018 as shown in Table 1 of this Report, subject to an RPI increase at the prevailing rate, for inclusion in the final budget of expenditure and income for Proposition 2 That Chief Pleas directs the Finance and Resources Committee to finalise the draft Budget for 2018 and submit it in a timely manner to an Extraordinary Chief Pleas Meeting, with the associated propositions and Taxation Ordinance required, in order to have an approved Budget in place before the commencement of Conseiller Sébastien B. J. Moerman Chairman, Finance and Resources Committee

95 ISLAND OF SARK EXPENDITURE BUDGET FOR THE YEAR TO 31 DECEMBER 2018 APPENDIX Budget including 2017 wages RPI Budget ESTIMATED REVENUE EXPENDITURE Education Salaries 138, ,191 Educational and technical support 16,000 18,568 Repairs, maint'nce, heat, light & caretaking 13,074 15,000 Books, stationery & equipment 10,000 10,000 Accommodation 10,775 10,626 Cleaning 8,000 8,434 Grant towards teachers' pension schemes 7,376 7, , ,085 Douzaine/Constables Wages of Island workmen 80,817 86,904 Annual work programme 31,000 50,000 Salaries and honoraria 25,575 25,589 Repairs to machinery 17,000 17,000 Constables' office expenses 3,000 4,000 Harbour store and public toilets 3,000 3,000 Maintenance of paths and signs 3,000 4, , ,493 Payments to Procureur 170, ,000 Central administration salaries/stipend 245, ,268 Repairs/Maintenance Machinery - depreciation 39,000 40,000 Heating & lighting for Island buildings 12,000 12,500 Medical centre 1,250 1,250 School houses 3,750 3,750 Committee building/fire station 3,000 1,250 Court/Assembly room 2,000 2,000 Visitor Centre and other Island Properties 1,000 1,000 La Coupeé 2,000 1,000 64,000 62,750 Tourism Advertising etc. 57,450 57,450 Salary of Tourist Officers 30,163 32,224 Water testing and inspection costs 4,000 4,000 91,613 93,674 Public Works Un-recoverable charges 7,000 7,000 Rubbish and sewage disposal costs 67,000 66,000 74,000 73,000 Harbours Repairs and communications 12,000 22,500 Salary of Harbourmasters 40,920 48,616 Crane expenses 14,230 21,572 67,150 92,688 Legal and professional expenses Law Officers' and other charges 68,500 67,000

96 Medical and Emergency Services Salary of MOH and practice manager 34,702 33,922 Health visitor 2,953 5,000 Other medical expenses - 1,000 Fire protection costs 9,125 9,125 46,780 49,047 Insurance 47,000 47,000 Grants & subsidies Schools and Hall maintenance 8,000 8,000 St. John Marine Ambulance Fund 5,000 2,064 St Peter's Church 2,064 2,064 Methodist Church Floral Sark Island Games 1, R.N.L.I. (Guernsey Station) ,464 14,414 Agriculture, Environment, Sea Fisheries and Pilotage Agricultural grants and subsidies 6,500 5,500 Agriculture preventative measures 2,000 1,250 Sea Fisheries 6,000 4,275 14,500 11,025 Police, Customs and Prisons Policing & Customs 16,000 16,000 Maintenance of Prisoners 5,000 5,000 21,000 21,000 Miscellaneous Unforeseen expenditure 13,000 13,000 Office expenses 20,000 19,000 Legal aid 27,000 27,000 Renewable energy research - 3,000 Tax Administration 6,000 7,000 Child protection costs 3,000 5,000 Review fee 6,500 6,500 Digimap licensing 2,600 2,550 Hansard 2,000 2,000 Civic entertaining 2,000 2,000 Seneschal's court expenses 4,000 4,000 Lieutenant Seneschal expenses 12,000 20,000 98, ,050 Total estimated expenditure 1,392,235 1,380,494 Less: Amount transferred in from reserves ( 40,000) ( 41,241) 1,352,235 1,339,253 Budget surplus 11,465 5,747 1,363,700 1,345,000 REQUESTS FOR CAPITAL EXPENDITURE School computers 6,000 6,000 Rolling programme of office computer renewals 6,000 6,000 New kitchen for Medical Centre - - Sea Fisheries - cover for RIB - Public Works - tractors and trailers - - Public Works - storage shed - - Public Works - grader - - Public Works - incinerator ,000 12,000

97 ISLAND OF SARK INCOME ESTIMATE FOR THE YEAR TO 31 DECEMBER Budget Budget Direct Taxation 723, ,000 Impot 318, ,000 Poll Tax 58,000 58,000 Property Transfer Tax 75,200 33,000 Public Works Recovered Charges 66,000 66,000 Crane Receipts 18,000 17,000 Harbour Dues 9,000 9,000 Harbour services 34,500 39,000 Harbours - other income 2,000 2,000 Investment Income 7,000 7,000 Guernsey Post Limited 1,000 1,000 Licences (Tractors, Bicycles etc.) 24,000 24,000 Rents & Ground Rents 10,000 10,000 Import Duties / Lottery 5,000 5,000 Accommodation & Catering Permits 4,000 4,000 Court and Registration Fees 3,000 3,000 Hotel and Public House Licenses 4,000 4,000 DCC applications 1,000 1,000 Miscellaneous Income 1,000 1,000 1,363,700 1,345,000

98 ITEM 19 THE DOUZAINE Report with proposition to Michaelmas Chief Pleas, 4 th October 2017 PROCUREUR DES PAUVRES AND DEPUTY PROCUREUR DES PAUVRES The current Procureur des Pauvres ( Procureur ), Lucy Belfield, and Deputy Procureur des Pauvres ( Deputy Procureur ), Estelle Day were elected to office by Chief Pleas at the Michaelmas meeting on 5 October The length of their terms of office was not specified in the proposition dealing with their elections albeit section 55(4) of The Reform (Sark) Law 2008 then in force specified that the persons elected to hold the offices of Procureur and Deputy Procureur shall hold office for a period of 2 years. On 6 October 2016 certain amendments to The Reform (Sark) Law 2008, contained in The Reform (Sark) (Amendment) Law, 2016 came into force. Among them was an amendment to section 55(4) which now reads: A person appointed to hold the office of Procureur or Deputy Procureur shall hold office for such period, of twelve months or 2 years, as the Chief Pleas may by resolution determine and shall not be removable during this term of office except at his own request in writing addressed to the Speaker or by resolution of the Chief Pleas on the recommendation of the Douzaine. The current holders of the offices wish to remain in office for two years and the Douzaine is putting the following proposition to Chief Pleas for the avoidance of doubt. Proposition That Chief Pleas confirms that the elections of Lucy Belfield to the office of Procureur de Pauvres and Estelle Day to the office of Deputy Procureur des Pauvres, both made by resolution of Chief Pleas on 5 October 2016, were both for a period of two years. Conseiller Edric Baker Chairman, The Douzaine

99 ITEM 20 ROAD TRAFFIC COMMITTEE Report with Proposition to Michaelmas Chief Pleas, 4 th October 2017 HARBOUR HILL TRANSPORT CONTRACTS At the Michaelmas Meeting of Chief Pleas 2007, (Item 11), the current Harbour Hill Transport contracts were debated and approved. Two separate contracts were awarded: Contract 1 jointly to Mr. Peter Cox and Mr. Iain Cox was set to meet all scheduled sailings to/from Sark from 1 st November 2007 until 31 st October Contract 2 jointly to Mr. Colin Guille, Mr. John Guille and Mr. Peter Guille was set to meet all scheduled sailings to/from Sark between the Saturday before Easter to the Saturday in October prior to the end of BST, each year, until Both contracts will expire in October this year and are due to be replaced. In line with the decision taken at the Midsummer Meeting of Chief Pleas 2017, (Item 14) the contracts have not been put out to tender and the Committee proposes to award them to the current operators. There are no major changes in the 2017 versions of the Contracts (as attached) and any changes that have been made have been done in conjunction with one or both operators. The names on each of the Contracts have been changed in line with the requests of the current operators. Proposition That Chief Pleas accept the two Harbour Hill Transport Contracts, that these be offered to the incumbent operators for signature and are introduced from 1st November 2017 for Contract 1 (Mr Iain Cox) and from 24th March 2018 for Contract 2 (Messrs. John & Peter Guille). Conseiller Antony Dunks Chairman, Road Traffic Committee

100 HARBOUR HILL TRANSPORT - CONTRACT 1 This CONTRACT is between the Road Traffic Committee of the Chief Pleas (hereinafter referred to as the Committee) and Mr. Iain Cox of... (hereinafter referred to as the Contractor) to operate a fare paying passenger vehicle between the Maseline or Creux Harbours to La Collinette or, as agreed with the Constable, to any other destination as required. In accordance with the approval given by Chief Pleas on 4 th October 2017, the Committee hereby grant the Contractor permission to operate a fare paying passenger vehicle on the route as described above subject to the conditions below. CONDITIONS OF CONTRACT 1. The Contract will take effect from 1 st November 2017 unless the parties agree otherwise and will continue until 31 st October 2027 unless the Contract is terminated as later defined. 2. The Contractor will provide a tractor and trailer approved by the Committee. Any subsequent change in either vehicle must be approved by the Committee. 3. During the 10-year contract period, the contractor, at his own expense, will maintain the current bus or replace it to a design approved by the Committee. 4. The Contractor agrees to maintain his vehicle in a clean, presentable and efficient order and to ensure that the safety chain is in position at all times the vehicle is carrying fare paying passengers. 5. The Committee has the right to suspend the contract if at any time either vehicle is shown to be defective in a manner likely to affect the safety of the passengers. 6. The Contractor will keep records of the maintenance of his vehicles used to perform the service and make these records available for inspection, if required to do so, by the Committee. 7. The tractor and trailer is to be inspected annually or on the instruction of the Constable, by the vehicle tester approved by the Committee. 8. The vehicles used for this service must not be parked overnight on the public road. 9. The Contractor will ensure that the tractor is always driven by someone with the appropriate licenses, suitably qualified and in a fit condition to undertake the journeys provided. Such a person to be a minimum age of 18 years. Any driver reaching the age of 65 years shall

101 annually provide a letter from the Island Medical Officer stating that they are medically fit to drive the bus. Any (new) driver to have undergone Criminal Background Check to the satisfaction of the Constable, at their own expense. 10. The Road Traffic Law states that the allocated driver must not be under the influence of drugs or alcohol when driving the tractor towing the bus trailer. A total ban on consuming alcohol must be imposed on the driver from first boat to last boat on the days he/she is driving on the service, except the remainder of any day should the said driver cease driving the bus before the last boat. The Constable may use the most appropriate means available to investigate a suspected breach of this clause and may suspend a driver pending investigation. 11. The Contractor will notify the Committee of the name of the regular driver of the service and also of any relief drivers who will operate the bus in the absence of the regular driver. 12. All drivers must maintain the highest standards of courtesy and consideration to the public and take all reasonable precautions to ensure safety and good conduct of the passengers onboard the vehicle and when boarding and alighting it. He will give any assistance to passengers as required. 13. The driver will be clean and wear clean and appropriate clothes when operating the service and not smoke, eat or drink whilst driving the tractor. 14. The passengers will be charged 1.20 for adults and 60p for children (aged 5 and under 14) per single journey and this fare will be displayed in a prominent place. 15. On special journeys for charters and other non-scheduled boats, the fare shall be by arrangement between the Contractor and the passenger(s) of the boats being met. 16. The fare may only rise annually on the 1 st January in 5 pence increments if the Guernsey Retail Index exceeds more than 5% (or multiples thereof) over the original base rate pertaining when the contract starts. The Committee will need to approve any increase in fares. 17. Customer care and safety must be paramount. All passengers must be seated when the vehicle is moving and the numbers carried must not exceed the capacity shown on the trailer. No passenger must stand or ride on the step running board of the trailer or physically protrude outside the line of the trailer to ensure maximum safety of those on board. 18. The address and telephone number of both the Committee Office and the Visitor Centre must be displayed in a prominent position on the bus. 19. The Contractor will provide a connecting service to and from all scheduled sailings between Alderney, France, Guernsey, Herm, Jersey and Sark, including Sunday boats. 20. In the event of low passenger numbers on a given boat only one bus will be required to run a service, the choice as to which operator will attend to be decided by the operators, on the understanding that at least one bus will attend.

102 21. In discussion with the Committee s representative, the Contractor will discuss departures from both the Bel Air and Harbour terminus to meet scheduled boats. 22. If the Contractor fails to meet the standard required by the Conditions of Contract, the Committee will serve a notice of the failing and require explanation. If the Contractor persistently fails to observe or perform any of the terms and conditions attached to the Contracted Service, a warning letter will be issued by the Committee. Should the failures continue, the Committee may, without prejudice, terminate or suspend the Contract. In the event of the Contract being suspended or terminated the Committee may require the bus to be requisitioned for another operator to use during the suspension or following termination of Contract until such time as alternative arrangements are in place. 23. Disputes between the Committee and the Contractor will be dealt with by the Road Traffic Tribunal (or whatever body may replace it). 24. The Contractor will be responsible for and will release and indemnify the Committee from and against all liability for personal injury (whether fatal or otherwise) loss of or damage to property and any other expenses or claims which may arise out of the performance of this Contract whether such claims are caused by negligence or otherwise. If the Committee obliges the contractor to undertake operations which the Contractor deems unsafe, the responsibility must pass to the Committee. 25. The Contractor will report as soon as is practical to the Committee, through the Committee Office (832118), any known personal injury involving a passenger travelling in or boarding or alighting from a vehicle operating the Contract. 26. The Contractor shall maintain a current policy or policies of insurance indemnifying the Contractor against the risks assumed by him and to cover his liability in respect of any act or default for which he may become liable or to indemnify the Committee under the terms of this Contract. 27. The Contractor must provide adequate insurance to cover the number of passengers the trailer is capable of carrying, such number to be determined and displayed on the bus along with an insurance policy number reference. 28. The Committee holds the Contractor fully responsible for this Contract which is not transferable to another person or party without its permission. 29. The Contractor must give one year s notice of termination if wishing to cease operating this contract. 30. If the Contractor terminates the contract early, the Committee or another Contractor approved by the Committee, shall be offered first refusal on purchasing the bus trailer at market value less depreciation. 31. The Committee cannot guarantee that over the ten-year contract period operating circumstances will not change. Should there be a major change to the boat services, or the number of passengers requiring transport increases significantly, or there is a need for greater frequency of service up and down Harbour Hill, the Committee may need to provide additional capacity. Discussions will be held initially with the incumbent operators but the Committee cannot rule out the introduction of another contractor.

103 32. This agreement shall not be binding until the Committee has received a signed copy. CONTRACTOR PRINTED NAME.... Address... Operator... Signed... Date... THE COMMITTEE Signed... Date... Chairman of the Sark Road Traffic Committee on behalf of the Chief Pleas of Sark.

104 HARBOUR HILL TRANSPORT - CONTRACT 2 This CONTRACT is between the Road Traffic Committee of the Chief Pleas (hereinafter referred to as the Committee) and Mr. John Guille of... Mr. Peter Guille of... (hereinafter referred to as the Contractor) to operate a fare paying passenger vehicle between the Maseline or Creux Harbours to La Collinette or, as agreed with the Constable, to any other destination as required. In accordance with the approval given by Chief Pleas on 4 th October 2017, the Committee hereby grant the Contractor permission to operate a fare paying passenger vehicle on the route as described above subject to the conditions below. CONDITIONS OF CONTRACT 1. The Contract will take effect from 24 th March 2018 and will continue until 27 th October 2018 unless the parties agree otherwise or the Contract is terminated as later defined. This seasonal period will normally start from the Saturday before Easter week and end on the Saturday in October prior to the ending of British Summer Time. This arrangement will remain until and include The Contractor will provide a tractor and trailer approved by the Committee. Any subsequent change in either vehicle must be approved by the Committee. 3. During the 10-year contract period, the contractor, at his own expense, will maintain the current bus or replace it to a design approved by the Committee. 4. The Contractor agrees to maintain his vehicle in a clean, presentable and efficient order and to ensure that the safety chain is in position at all times the vehicle is carrying fare paying passengers. 5. The Committee has the right to suspend the contract if at any time either vehicle is shown to be defective in a manner likely to affect the safety of the passengers. 6. The Contractor will keep records of the maintenance of his vehicles used to perform the service and make these records available for inspection, if required to do so, by the Committee. 7. The tractor and trailer is to be inspected annually or on the instruction of the Constable, by the vehicle tester approved by the Committee.

105 8. The vehicles used for this service must not be parked overnight on the public road. 9. The Contractor will ensure that the tractor is always driven by someone with the appropriate licenses, suitably qualified and in a fit condition to undertake the journeys provided. Such a person to be a minimum age of 18 years. Any driver reaching the age of 65 years shall annually provide a letter from the Island Medical Officer stating that they are medically fit to drive the bus. Any (new) driver to have undergone Criminal Background Check to the satisfaction of the Constable, at their own expense. 10. The Road Traffic Law states that the allocated driver must not be under the influence of drugs or alcohol when driving the tractor towing the bus trailer. A total ban on consuming alcohol must be imposed on the driver from first boat to last boat on the days he/she is driving on the service, except the remainder of any day should the said driver cease driving the bus before the last boat. The Constable may use the most appropriate means available to investigate a suspected breach of this clause and may suspend a driver pending investigation. 11. The Contractor will notify the Committee of the name of the regular driver of the service and also of any relief drivers who will operate the bus in the absence of the regular driver. 12. All drivers must maintain the highest standards of courtesy and consideration to the public and take all reasonable precautions to ensure safety and good conduct of the passengers onboard the vehicle and when boarding and alighting it. He will give any assistance to passengers as required. 13. The driver will be clean and wear clean and appropriate clothes when operating the service and not smoke, eat or drink whilst driving the tractor. 14. The passengers will be charged 1.20 for adults and 60p for children (aged 5 and under 14) per single journey and this fare will be displayed in a prominent place. 15. On special journeys for charters and other non-scheduled boats, the fare shall be by arrangement between the Contractor and the passenger(s) of the boats being met. 16. The fare may only rise annually on the 1 st January in 5 pence increments if the Guernsey Retail Index exceeds more than 5% (or multiples thereof) over the original base rate pertaining when the contract starts. The Committee will need to approve any increase in fares. 17. Customer care and safety must be paramount. All passengers must be seated when the vehicle is moving and the numbers carried must not exceed the capacity shown on the trailer. No passenger must stand or ride on the step running board of the trailer or physically protrude outside the line of the trailer to ensure maximum safety of those on board. 18. The address and telephone number of both the Committee Office and the Visitor Centre must be displayed in a prominent position on the bus. 19. The Contractor will provide a connecting service to and from all scheduled sailings between Alderney, France, Guernsey, Herm, Jersey and Sark, including Sunday boats.

106 20. In the event of low passenger numbers on a given boat only one bus will be required to run a service, the choice as to which operator will attend to be decided by the operators, on the understanding that at least one bus will attend. 21. In discussion with the Committee s representative, the Contractor will discuss departures from both the Bel Air and Harbour terminus to meet scheduled boats. 22. If the Contractor fails to meet the standard required by the Conditions of Contract, the Committee will serve a notice of the failing and require explanation. If the Contractor persistently fails to observe or perform any of the terms and conditions attached to the Contracted Service, a warning letter will be issued by the Committee. Should the failures continue, the Committee may, without prejudice, terminate or suspend the Contract. In the event of the Contract being suspended or terminated the Committee may require the bus to be requisitioned for another operator to use during the suspension or following termination of Contract until such time as alternative arrangements are in place. 23. Disputes between the Committee and the Contractor will be dealt with by the Road Traffic Tribunal (or whatever body may replace it). 24. The Contractor will be responsible for and will release and indemnify the Committee from and against all liability for personal injury (whether fatal or otherwise) loss of or damage to property and any other expenses or claims which may arise out of the performance of this Contract whether such claims are caused by negligence or otherwise. If the Committee obliges the contractor to undertake operations which the Contractor deems unsafe, the responsibility must pass to the Committee. 25. The Contractor will report as soon as is practical to the Committee, through the Committee Office (832118), any known personal injury involving a passenger travelling in or boarding or alighting from a vehicle operating the Contract. 26. The Contractor shall maintain a current policy or policies of insurance indemnifying the Contractor against the risks assumed by him and to cover his liability in respect of any act or default for which he may become liable or to indemnify the Committee under the terms of this Contract. 27. The Contractor must provide adequate insurance to cover the number of passengers the trailer is capable of carrying, such number to be determined and displayed on the bus along with an insurance policy number reference. 28. The Committee holds the Contractor fully responsible for this Contract which is not transferable to another person or party without its permission. 29. The Contractor must give one year s notice of termination if wishing to cease operating this contract. 30. If the Contractor terminates the contract early, the Committee or another Contractor approved by the Committee, shall be offered first refusal on purchasing the bus trailer at market value less depreciation.

107 31. The Committee cannot guarantee that over the ten-year contract period operating circumstances will not change. Should there be a major change to the boat services, or the number of passengers requiring transport increases significantly, or there is a need for greater frequency of service up and down Harbour Hill, the Committee may need to provide additional capacity. Discussions will be held initially with the incumbent operators but the Committee cannot rule out the introduction of another contractor. 32. This agreement shall not be binding until the Committee has received a signed copy. CONTRACTOR PRINTED NAME.... Address... Operator... Signed... Date... PRINTED NAME.... Address... Operator... Signed... Date... THE COMMITTEE Signed... Date... Chairman of the Sark Road Traffic Committee on behalf of the Chief Pleas of Sark.

108 ITEM 22 EDUCATION COMMITTEE Information Report to Michaelmas Chief Pleas, 4 th October 2017 ANNUAL REPORT ON SARK SCHOOL This report reflects what has been happening in school from October 2016 to the present time and informs Chief Pleas and members of the public of events likely to take place in the near future. The Education Committee and school welcome the planned Education Review and hope that it will support the school and Committee in formulating strategies to address the challenges faced in ensuring Sark s educational provision, both within the current school organisation and more widely, meets modern expectations and standards. Number on roll There are currently 29 children in school Class one 7 (Reception, Year 1 and Year 2) Class two 9 (Years 3 & 4) Class three 11 (Years 5 to 8) Class four 2 (Years 10 to 11) For the new academic year the school has admitted three children into reception. In addition one family has chosen to home-school their child. During the academic year , the school admitted two children into Y1 and Y4 in February Pupils Leaving Sark School In April 2017 three children left the school as the family relocated to the UK and one child left to begin school in Guernsey prior to their move to secondary school in September In July 2017, one pupil left at the end of Year 8 to attend Wymondham College in Norfolk, joining her elder brothers and sister; one pupil left at the end of Year 6 to attend Brymore Academy in Somerset and one pupil left at the end of Year 5 due to her mother relocating to the UK. Two pupils left at the end of Year 11 as they completed their GCSEs. Teaching and other staff The school has a headteacher, a deputy headteacher and two class teachers together with a 0.75 teaching assistant working for the majority of the time in Class 1, one part time cleaner and two part time caretakers. The school appointed Darren Dewe and Rob Cottle as part time caretakers in February Together they are responsible for maintenance tasks and small repairs and improvements, both are being paid for hours worked which vary depending on what needs to be done. In May 2017, the school appointed a new Class 3 teacher as Miss Grey left at the end of the summer term to take up a teaching post in Penang, Malaysia after 12 years teaching at Sark School. Miss Pia Treitlein joined the school in September on a one year fixed contract in light of the anticipated review into education provision for Sark. Her previous post was in the Falkland Islands.

109 Each teacher is responsible for coordinating and leading a key stage within the school. Mrs Roberts is responsible for the foundation stage [reception and Key Stage 1] and continues to work with Mrs Hunt to continue to develop outdoor learning including Forest Schools. Mrs Roberts also takes responsibility for teaching swimming throughout the school. Mrs Hunt, in addition to her responsibilities as deputy head, is responsible for Key Stage 2, Miss Treiltelin is responsible for Key Stage 3 and Mrs Cottle, in addition to her responsibilities as headteacher is responsible for Key Stage 4 and GCSE provision. Other subject and curriculum responsibilities are shared by all teaching staff. Education Committee The Committee has three Chief Pleas members and an elected co-opted Parents Representative. The Committee meets, on average, once every half-term and more frequently when necessary. The Committee has the opportunity to meet with the teaching staff at the beginning of meetings and receives reports. Members of the Committee visit school and attend school events and activities. This gives the Committee a good insight into the daily running of our school. School Buildings & Resources These remain in good condition and are well cared for by pupils, teachers, cleaner and caretakers. A programme has begun to replace the school lights with more energy efficient bulbs and tubes as the existing lights need replacing. This is being done through Kevin Adams and should achieve a reduction in energy costs over time. The Education Committee continues to work with the Island Hall Trustees in trying to agree a programme of work to rectify issues with the school heating system. It is hoped that the necessary work to overhaul and rectify problems with the school radiators would be done during the school holiday. The school continues to develop and use the Forest School s site at the Seigneurie Gardens and is extremely grateful for the support of the Seigneurie Gardens staff for their help in maintaining areas around the site. School and Staff Development School development has focussed on addressing issues raised by the school s validation in 2016 including improving standards in maths and developing more positive pupil attitudes to learning. Teachers have worked together to review the learning environment and to develop greater levels of pupil resilience and perseverance. One vehicle for this has been Gem Power which was introduced in January 2017, however this initiative was soon replaced with Class Dojo, a classroom communication platform for teachers, parents and students. The on-line platform allows teachers to share events, pictures, announcements and other information with parents and students. More importantly, Class Dojo also helps students develop important skills through realtime teacher-to-student feedback with desired behaviours being acknowledged through the award of dojos or points. Class Dojo has had a positive impact on pupil motivation and behaviour, with pupils being clear as to what is expected of them and the areas they need to work to develop. Rewards are negotiated for both individual and group/class achievement. Class Dojo has also greatly improved communication between school and parents as messages can easily be sent and received to individuals and groups as well as photos and videos. Another major initiative has been the introduction of Maths Passports to support learning in maths. The maths passports are a strategy to improve pupil s mental maths skills and subsequently their confidence and speed in maths lessons. Children work their way around the continents through a series of 12 passports, each focussed on particular mental maths skills from I can count to 10 to I

110 can recognise and use cube numbers and cube notation ( 3 ). Pupils are tested in school but encouraged to practise skills at home, with the support of parents and on-line maths support from IXL Maths. A key area for school development in the coming academic year will be to review the school curriculum. One aim of this work will be to develop a more cohesive curriculum across the school that is both relevant to Sark and meets the demands of the UK curriculum whilst providing opportunities for the school to work together across class and year groups. Assessment & Standards All pupils completed end of year assessment tests and the results from these have been analysed. Assessment this year has focussed on teacher assessment with the support of optional SATs [standardised assessment tests] rather than the NfER tests used in previous years. This is due to changes in the UK National Curriculum and testing regime in which levels are no longer reported but children are assessed as working at, below or above the expected level for their year group. This has meant that comparison between last year and this is difficult. However analysis shows that the vast majority of pupils have made expected or accelerated progress in reading, writing and maths and are achieving at or above the level expected for their age. The optional SATs enabled the school to compare the results of pupils in Sark with the results of similar aged children across the UK, with a number of Sark pupils achieving results, especially in reading, well above the UK average. GCSE Provision In July 2017 the Year 10 students achieved an ITQ Level 2 Certificate, equivalent to a GCSE Grade A-C. During May and June 2017, in addition to their ITQ Level 2, the two Year 11 students took GCSEs in Maths, English, Business Studies and Geography. In addition one student took a GCSE in Physics and the other a GCSE in Biology. The students passed their GCSEs with 80% being at Grades A-C. Both students will leave Sark School with six GCSE passes. The school has continued to work to increase the range of subjects available for study at GCSE level and to bring the costs to parents down using a range of distance learning providers to support teaching in school including the Nisai Virtual Academy, Oxford Open Learning and Wolsey Hall, Oxford. Students are now able to study for either GCSEs or IGCSEs in Maths, English, Business Studies, Physics, Biology, Geography, Psychology, Sociology and Religious Studies in addition to an ITQ. The cost of achieving six GCSEs is now approximately 2100 with the majority of this being the cost of studying through Nisai Virtual Academy for the ITQ qualification. Curriculum Much of the curriculum continues to be delivered through a thematic approach, where links are made between subjects to make learning more interesting and effective. Themes and topics this year have included: Class 1 Class 2 Class 3 Festivals, All Lit Up, Growth & Change The Aztecs, Legends of Rock, Animals Victorians, Macbeth, The Tudors, Vikings The school has continued to adapt the curriculum for English and maths in light of changes to the UK National Curriculum. One development has seen a much greater emphasis on Spelling, Punctuation and Grammar [SPAG] in English lessons. The school continues to use IXL Maths and English, a subscription based learning site, to support learning. Children can access activities both in school and at home with progress being checked and tracked by teachers.

111 The school year began in the first week with the second Opera Day led by Mark Llewelyn-Evans of Opera Sark. During the day the children explored the history of opera through key composers and singing some key tunes from well-known operas as well as having the opportunity to listen to the Opera Sark singers. The school enjoyed two literacy focused events, the first being a celebration of the 100 th birthday of Roald Dahl, a favourite children s author. The work culminated with a dress-up day and family challenge based on his novel James & the Giant Peach. The second literacy event was the annual literacy week in February which this year took the theme of Comic Books. During the week children had the opportunity to work in cross-phase groups to create an original comic book story. Outdoor Education in the form of Forest and Beach School continues to go from strength to strength with Classes 1 and 2 joining together for some sessions. The school held an overnight camp at the end of May when pupils had the opportunity to develop their outdoor and creative skills further. A number of parents joined the school and led groups in the challenge of building a holiday home for one of the seven dwarfs [linking to the school production of Snow White ]. The variety and standard of solutions to the challenge were impressive as was the teamwork and perseverance of both adults and children. In PHSE [Personal, Social & Health Education] the school has benefited from a number of visitors to support lessons in school. These have included Katie Sweeney from St. John delivering first aid training and the SHARE nurses [Sexual Health and Relationship Educators] who worked with children from Classes 2, 3 and 4. In February, all classes had workshops led by Amanda from the Red Cross, focussed on increasing pupil awareness of the world around them and their resilience through looking at issues such as humanitarianism, disasters, conflict and stigmatising behaviour linking to the work of the Red Cross. In March, Classes 2, 3 and 4 also had sessions with workers from the NSPCC, looking particularly at e-safety. In July, Tom, a Healthy Lifestyle Worker from Guernsey led workshops on Anti-Smoking. In music, in addition to the day of opera, the pupils enjoyed drumming workshops, led by Sparks Drummers in March. This proved so popular some pupils returned later to join their parents for a further workshop. James Dumbleton will be leading music workshops in school in September. As part of music lessons and after school activities children continue to have numerous opportunities to develop their singing, musical and performance skills and continue to learn to play the recorder and brass instruments in Classes 2 and 3 respectively. In PE the school continues to benefit from sports coaching in football, hockey and cricket. Pupils have also benefited from tennis coaching sessions led by Jacqueline Hunt, a Guernsey Tennis Development Officer and also golf and sports coaching sessions led by Ollie Dowding, Guernsey Sports Development Officer. Pupils from Classes 2, 3 & 4 took part in the kwick cricket competition in Guernsey in June, playing against a number of other schools and coming 6 th out of 8. In May the school enjoyed a visit from the Chelsea Pensioners and Gurkhas who delighted the pupils with their performance of the kukri dance. The Pensioners visited classrooms and were interviewed by the pupils before enjoying refreshments baked by Class 4. In July Class 1 visited La Mare de Carteret Primary and High Schools to learn about the similarities and differences between different schools. It is hoped to develop greater links between the schools and for pupils from La Mare Primary School to visit and take part in a Forest Schools day in Sark. Karen Le Mouton and Julia Dallan have led a number of assemblies. As usual, a number of schools from Guernsey and Jersey have visited Sark School and Class 1 was interviewed by pupils from Year 2 pupils from Jersey about life on Sark. The most unusual visitor this year was the rugby ball from Rugby School which visited in March as part of The Global Pass to mark their 450 th Anniversary Celebrations. The ball was met at the

112 harbour by Class 4 and had a tour of many of the unique sights of Sark with pupils from Classes 2 and 3 before enjoying a game of rugby with Class 1 prior to its return to the harbour. Sark Watch Sark Watch has continued to hold a number of events throughout the year including a bird feeding workshop led by Phoebe as part of her work towards her ranger award. There have also been a number of litter picks and beach cleans as well as nature rambles and rock pooling sessions. Members of Sark Watch will be involved in the Inter Island Environmental Conference at the end of September, making a presentation and also leading one of the practical workshops. Community & Extra Curricular Activities All pupils took part in a fund raising art project during October where they created artwork which was printed onto items such as bags and t-shirts and then purchased by parents. The pupils also took part in fund raising for Comic Relief and various other events such as jumble sales throughout the year. Mrs Roberts has continued to hold Family Afternoons every half term for parents and children up to the age of 7 to join Class 1 for an afternoon of activities, songs and stories. Each afternoon is themed and Class 1 bake refreshments for everyone to enjoy. The afternoons continue to be well attended by babies, toddlers and pre-schoolers, their parents and grandparents. As last year the last family afternoon of the summer term was held at the Forest School site and was again a great success. Class 2 have also held two open afternoons at the end of the autumn and spring terms, inviting parents to come into school and take part in a number of topic related activities as well as listen to group presentations. At Christmas, the school performed a play, Children of the World at St Peter s Church during the last week of term. This linked to the windows each class had created as part of the Methodist Chapel s Christmas celebrations, reflecting on the different Christmas traditions around the world. Children also sang as part of the Toy Service and also for the switching on of the Christmas lights. The Sark School Theatre Group, involving over half the school and pupils from Year 1 to Year 7, performed the musical Snow White and the Seven Jockeys to packed audiences in July. All the children performed with confidence and enjoyed wearing fantastic costumes made by Sue Daly. The school has continued to be actively involved in supporting the work of Sark Community Blooms. Class 2 continue to care for the herb garden and bay tree outside the Island Hall and, as part of their Sark Adventure activities, have created a rock garden outside the Visitor s Centre. Many pupils have attended events to improve areas of the island including litter picks and weeding as part of preparations for Sark s entry into Britain in Bloom. A number of pupils met with the judges when they visited in August to talk about their involvement as members of school and Sark Watch. Class 1 s wheelbarrow was awarded Gold. In addition to the very well attended after school clubs during the autumn and spring terms including theatre, choir, films, crafts and games clubs and the Sark Watch events, some children have been involved in the Sark Running Club taking part in training sessions and running events. Some pupils continue to have private piano lessons and others take part in other activities on island such as pottery classes with Lorraine. Pupils in Class 1 and Class 2 attend weekly lunchtime clubs as part of their Forest Schools and Sark Adventurers activities. Girls from Year 5 to 11, together with Mrs Cottle, took part in the Women s World Day of Prayer on 3 rd March at the St Peter s Church.

113 The school year ended with the annual Celebration and Awards Evening at the Island Hall attended by the majority of parents and other members of the community. Once again each class gave a presentation linked to their learning. This year Class 1 performed The Gruffalo with the children wearing their animal headdresses that they had made for the Midsummer Show. This was followed by Class 2 who performed their own impressive musical composition using body percussion. Class 3 presented their own version of Top of the Pops which finished with their own video and performance I m Only Human. The evening included the presentation of sports cups and awards for effort and progress, citizenship and endeavour. The evening concluded with presentations to all the leavers including a film, made by Class 4, for Miss Grey. Thanks Both the teachers and the members of the Committee appreciate help given to the school by many people and would like to place on record thanks to all who give time, expertise and donations. We would particularly like to give thanks to Lewis Heald for all his support in cricket and sports coaching, also Antony Dunks for his support with hockey and Chris Drillot for his support of football. Many thanks to Helen and Alex Magell for continued free use of their pool for swimming lessons and to Adventure Sark for their excellent coaching in archery and kayaking. Thanks too to the Seigneurie Gardens Trustees and staff for their continued support of the school s Forest School Site and willingness to allow the school to use the grounds for a variety of activities. We also appreciate the generosity of people in supporting the various school fund raising events throughout the year. Conseiller Antony Dunks Chairman, Education Committee

114 The North Korea (Restrictive Measures) (Sark) Ordinance, 2017 THE POLICY AND PERFORMANCE COMMITTEE, in exercise of the powers conferred on the Chief Pleas by sections 1 and 4 of the European Communities (Implementation) (Bailiwick of Guernsey) Law, 1994 a, as amended, and on the Committee by section 41 of the Reform (Sark) Law, 2008 b, as amended, hereby orders:- Application and infringement of EU Regulation. 1. (1) Subject to the modifications in section 2, Council Regulation (EU) 2017/1509 of the 30 th August 2017 c concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP ("the EU Regulation") has full force and effect in Sark. (2) A person who contravenes, or causes or permits any contravention of, any of the prohibitions in or requirements of the EU Regulation is guilty of an offence. Modification of EU Regulation. 2. The modifications referred to in section 1 are as follows - (a) Articles 49 and 55 shall not apply, a Ordres en Conseil Vol. XXXV(1), p. 65. The functions of the General Purposes and Advisory Committee under this Law were transferred to the Policy and Performance Committee by Ordinance of the Chief Pleas No. VI of b Orders in Council Nos. V, VII and XXVII of 2008; No. XIV of 2010; and No. XI of The functions of the General Purposes and Advisory Committee under this Law were transferred to the Policy and Performance Committee by Ordinance of the Chief Pleas No. VI of c OJ L 224, , p. 1.

115 (b) references to the competent authority of a Member State shall be construed so as to include the Policy & Resources Committee, (c) references to the competent customs authority of a Member State shall be construed so as to include the Chief Revenue Officer and references to an obligation to provide information to the competent customs authorities shall be construed so as to include obligations to provide information under the Customs and Excise Law (General Provisions) (Bailiwick of Guernsey) Law, 1972 d or any other enactment for the time being in force relating to customs or excise matters in Sark, (d) references to an obligation of a competent authority of a Member State, or Member State, to consult, inform, notify or obtain advance approval shall be construed as an obligation on the part of the Policy & Resources Committee to consult, inform, notify or obtain advance approval from one of Her Majesty s Principal Secretaries of State, and references to a notification, determination or advance approval by the Sanctions Committee shall be construed as references to a notification, determination or advance approval by one of Her Majesty s Principal Secretaries of State, (e) references to the obligation of any natural or legal person, entity or body to transmit information to the Commission shall be construed as an obligation to transmit such information to the Policy & Resources Committee, d Ordres en Conseil Vol. XXIII, p. 573; No. XIII of 1991; and No. X of 2004.

116 (f) references to a Member State shall be construed so as to include Sark, (g) references to a national of a Member State shall be construed so as to include a person in or from Sark, (h) references to the Union shall be construed so as to include Sark, (i) references to a vessel under the jurisdiction of, or flying the flag of, a Member State shall be construed so as to include a Guernsey ship and a Guernsey fishing vessel, (j) references to an aircraft under the jurisdiction of a Member State shall be construed so as to include an aircraft registered on the Register of Aircraft established under the Aviation Registry (Guernsey) Law, 2013 e, (k) references to - (i) the territories of Member States, or (ii) the territory of the Union and its airspace, shall be construed so as to include Sark, its airspace and the territorial waters adjacent thereto, (l) references to financial institutions shall be construed as e Order in Council No. XIII of 2013; Ordinance No. XI of 2014.

117 references to financial services businesses within the meaning of Schedule 1 to the Proceeds of Crime Law, (m) references to the transfer of funds and associated terms shall be construed as including references to transfers of funds and associated terms for the purposes of the Transfer of Funds (Sark) Ordinance, 2017 f or any other enactment for the time being in force relating to the transfer of funds to or from Sark, (n) references to customer due diligence measures, anti-money laundering and counter-terrorist financing procedures and obligations to maintain records of transactions shall be construed as references to the obligations on financial services businesses under the Proceeds of Crime Law or any other enactment for the time being in force relating to measures to prevent money laundering or terrorist financing in Sark, (o) references to the FIU or any other competent authority serving as a national centre for receiving and analysing suspicious transactions are references to the Financial Intelligence Service, (p) the inclusion of any natural or legal person, entity or body in any list provided for by the EU Regulation shall be subject to any annulment of the EU Regulation in its application to that person, entity or body by the Court of Justice of the European Union and having effect in the European Union for the time being. Appeals against decisions of Policy & Resources Committee. 3. (1) A person aggrieved by a decision of the Policy & Resources f Ordinance No X of 2017.

118 Committee made under the EU Regulation may appeal to the Ordinary Court against that decision on the grounds that - (a) the decision was ultra vires or there was some other error of law, (b) the decision was unreasonable, (c) the decision was made in bad faith, (d) there was a lack of proportionality, or (e) there was a material error as to the facts or as to the procedure. (2) An appeal under this section shall be instituted - (a) within a period of 28 days immediately following the date of the decision of the Policy & Resources Committee (or such other period as the Ordinary Court may in any particular case direct), and (b) by summons served on the President of the Policy and Resources Committee stating the grounds and material facts on which the appellant relies. (3) The President of the Policy and Resources Committee may, where an appeal under this section has been instituted, apply to the Ordinary Court, by summons served on the appellant, for an order that the appeal shall be dismissed for want of prosecution; and, on hearing the application, the Court may - (a) dismiss the appeal or dismiss the President of the Policy and

119 Resources Committee's application (in either case on such terms and conditions as the Court may direct), or (b) make such other order as the Court considers just, and the provisions of this subsection are without prejudice to the inherent powers of the Royal Court or to the provisions of rule 52(3) of the Royal Court Civil Rules, 2007 g. (4) On an appeal under this section the Ordinary Court may - (a) set the decision of the Policy & Resources Committee aside and, if the Court considers it appropriate to do so, remit the matter to the Policy & Resources Committee with such directions as the Court thinks fit, or (b) confirm the decision, in whole or in part. (5) On an appeal under this section the Ordinary Court may, upon the application of the appellant, and on such terms as the Court thinks just, suspend or modify the operation of the decision in question, pending the determination of the appeal. (6) An appeal from a decision of the Ordinary Court made on an appeal under this section lies, with leave of the Ordinary Court or Court of Appeal, to the Court of Appeal on a question of law. (7) Section 21 of the Court of Appeal (Guernsey) Law, 1961 h ("powers of a single judge") applies to the powers of the Court of Appeal to give leave to appeal under g O.R.C. No. IV of 2007; amended by No. II of h Ordres en Conseil Vol. XVIII, p. 315.

120 subsection (6) as it applies to the powers of the Court of Appeal to give leave to appeal under Part II of that Law. Powers to obtain information. 4. The Schedule has effect in order to facilitate the obtaining, by or on behalf of the Policy & Resources Committee, of information and documents for the purpose of ensuring compliance with the EU Regulation. Failure to provide information or to co-operate. 5. A person who, without reasonable excuse, fails to comply with any obligation to provide information to or co-operate with the Policy & Resources Committee in the exercise of any power to request or demand the provision of information, or the cooperation of any person, under any article of the EU Regulation is guilty of an offence. Furnishing of false information etc. 6. A person who in purported compliance with any article of the EU Regulation intentionally furnishes any false information, document or explanation, or recklessly furnishes any information, document or explanation which is false, is guilty of an offence. Penalties and proceedings. 7. (1) A person guilty of an offence under - (a) section 1(2), 5 or 6, or (b) paragraph 2(b) or (c) of the Schedule, is liable - (i) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine, or to both, (ii) on summary conviction, to imprisonment for a term

121 not exceeding three months, to a fine not exceeding level 5 on the uniform scale, or to both. (2) A person guilty of an offence under paragraph 2(a) or 3(2) of the Schedule is liable on summary conviction to imprisonment for a term not exceeding three months, to a fine not exceeding level 5 on the uniform scale, or to both. Offences by legal persons and unincorporated bodies. 8. (1) Where a legal person is guilty of an offence under this Ordinance, and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of - (a) any director, manager, secretary or other similar officer, or any foundation official, of the legal person, or (b) any person purporting to act in any such capacity, he as well as the legal person is guilty of the offence and may be proceeded against and punished accordingly. (2) Where the affairs of a legal person are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director. (3) Where an offence under this Ordinance is committed by an unincorporated body and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of - (a) in the case of a partnership, any partner, (b) in the case of any other unincorporated body, any officer of

122 that body who is bound to fulfil any duty whereof the offence is a breach or, if there is no such officer, any member of the committee or other similar governing body, or (c) any person purporting to act in any capacity described in paragraph (a) or (b), that person as well as the unincorporated body is guilty of the offence and may be proceeded against and punished accordingly. (4) Where an offence under this Ordinance is alleged to have been committed by an unincorporated body, proceedings for the offence shall be brought in the name of that body and not in the name of any of its members. (5) A fine imposed on an unincorporated body on its conviction of an offence under this Ordinance shall be paid from the funds of that body. Certain provisions of Customs and Excise Law applicable. 9. (1) Section 55 of the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law, 1972 applies to the detention of a person for an offence under section 1 as it applies to the detention of a person for an offence under the customs Laws or excise Laws. (2) Sections 61 to 65 of the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law, 1972 apply in relation to offences, fines, penalties and proceedings for offences under this Ordinance as they apply to offences, fines, penalties and proceedings for offences under the customs Laws or excise Laws. Interpretation. 10. (1) In this Ordinance, except where the context requires otherwise- "advocate" means an advocate of the Royal Court of Guernsey,

123 "Bailiff" includes the Bailiff, the Deputy Bailiff, a Lieutenant Bailiff, a Juge- Délégué and a Judge of the Royal Court, "Chief Revenue Officer" has the meaning given by section 1(1) of the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law, 1972, "contravention" includes failure to comply, and cognate expressions shall be construed accordingly, "Court of Appeal" means the court established by the Court of Appeal (Guernsey) Law, 1961, "customs Laws" and "excise Laws" mean those provisions of the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law, 1972 and any other enactment for the time being in force relating to customs or, as the case may be, excise, "enactment" includes a Law, an Ordinance and any subordinate legislation, "Financial Intelligence Service" has the same meaning as it does under the Disclosure (Bailiwick of Guernsey) Law, 2007 i, "foundation official" has the same meaning as it does under the Foundations (Guernsey) Law, 2012 j, i Order in Council No. XVI of 2007; amended by Ordinance No. XXXIX of 2008; No. VII of 2009; No. XIV of 2010; No. XIX of 2010; No. XXXVII of 2010; No. XVI of 2014; No. LIII of 2014; No. XXXIX of 2015; and No. IX of j Order in Council No. I of 2013.

124 "Guernsey fishing vessel" and "Guernsey ship" have the meanings given by section 294(1) of the Merchant Shipping (Bailiwick of Guernsey) Law, 2002 k, "Judge of the Royal Court" means the office of that name established by section 1 of the Royal Court (Reform) (Guernsey) Law, 2008 l, "Ordinary Court" means the Royal Court of Guernsey sitting as an Ordinary Court which, for the purposes of this Ordinance, may be validly constituted by the Bailiff sitting alone, Policy & Resources Committee" means the States of Guernsey Policy & Resources Committee, Proceeds of Crime Law" means the Criminal Justice (Proceeds of Crime) (Bailiwick of Guernsey) Law, 1999, m "prohibited services" means bunkering or ship supply services, or any other servicing of vessels, including the provision of fuel or supplies, "subordinate legislation" means any regulation, rule, order, rule of court, k Ordres en Conseil Vol. XLIV(2), p. 1; Order in Council No. XIII of 2010; No. VIII of 2015; Recueil d'ordonnances Tome XXIX, p. 406; Tome XXXIII, p. 624; Ordinance No. LIV of l Order in Council No. XXII of m Order in Council No. VIII of 1999; amended by Order in Council No. I of 2000; No. II of 2005; No. XV of 2007; No. XIII of 2010; No. XI of 2011; Recueil d'ordonnances Tome XXVIII, p. 266; Ordinance No. XII of 2002; No. XXXIII of 2003; No. XLVII of 2007; No. XXXVII of 2008; Nos. XVI and XXXIV of 2010; No. XVII of 2014; No. IX of 2016; G.S.I. No. 56 of 1999; G.S.I. Nos. 4 and 27 of 2002; G.S.I. No. 33 of 2007; G.S.I. Nos. 48 and 73 of 2008; G.S.I. No. 12 of 2010; G.S.I. No. 14 of 2013; and G.S.I. No. 45 of 2016.

125 resolution, scheme, byelaw or other instrument made under any statutory, customary or inherent power and having legislative effect, but does not include an Ordinance, and "uniform scale of fines" means the scale of fines from time to time in force under the Uniform Scale of Fines (Sark ) Law, 1989 n, and other terms used in this Ordinance and the EU Regulation shall have the same respective meanings as in the EU Regulation. (2) A reference in this Ordinance to an enactment or to the EU Regulation is a reference thereto as from time to time amended, repealed and re-enacted (with or without modification), extended or applied. Repeals 11. The North Korea (Restrictive Measures) (Sark) Ordinance, 2007 o is repealed. Citation. 12. This Ordinance may be cited as the North Korea (Restrictive Measures) (Sark) Ordinance, Commencement. 13. This Ordinance shall come into force on the 5 th September, n Ordres en Conseil Vol. XXXI, p o Ordinance No. IX of 2007.

126 SCHEDULE Section 4 INFORMATION 1. (1) The Policy & Resources Committee (or any person authorised by it for that purpose either generally or in a particular case) may request any person to furnish or produce to it (or, as the case may be, to that authorised person) such information and documents in his possession or control as the Policy & Resources Committee (or, as the case may be, that authorised person) may require for the purpose of ensuring compliance with the EU Regulation; and a person to whom such a request is made shall comply with it within such time and in such manner as may be specified in the request. (2) No obligation of secrecy or confidence or other restriction on the disclosure of information to which any person may be subject, whether arising by statute, contract or otherwise, is contravened by reason of the disclosure by that person or by any of his officers, servants or agents of any information or document in compliance with this Schedule. (3) Nothing in this Schedule compels the production by an advocate or other legal adviser of a communication subject to legal professional privilege; but an advocate or other legal adviser may be required to give the name and address of any client. (4) Where a person is convicted of an offence under this Schedule of failing to furnish any information or produce any document, the court may make an order requiring him, within such period as may be specified in the order, to furnish the information or produce the document. (5) The power conferred by this paragraph to request any person to produce documents shall include power to take copies of or extracts from any document so produced and to request that person or, where that person is a body corporate, any other person who is a present or past officer of, or is employed by, the body corporate, to provide

127 an explanation of any such document. 2. A person who - (a) without reasonable excuse, refuses or fails within the time and in the manner specified (or, if no time is specified, within a reasonable time) to comply with a request made under this Schedule, (b) intentionally furnishes any false information, document or explanation, or recklessly furnishes any information, document or explanation which is false, to any person exercising his powers under this Schedule, or (c) with intent to evade the provisions of this Schedule, destroys, mutilates, defaces, tampers with, falsifies, secretes, removes or otherwise disposes of any document, is guilty of an offence. 3. (1) No information furnished or document produced (including any copy or extract made of any document produced) by any person in pursuance of a request or order made under this Schedule shall be disclosed except - (a) with the consent of the person by whom the information was furnished or the document was produced: provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this item but such consent may instead be given by any person who is entitled to that information or to possession of that document

128 in his own right, (b) to any person who would have been empowered under this Schedule to request that it be furnished or produced or any person holding or acting in any office under or in the service of the Crown in right of Sark, (c) on the authority of the Policy & Resources Committee, to the European Commission, to any of the competent authorities listed in or under the EU Regulation or any annex thereto, or to one of Her Majesty s Principal Secretaries of State, for the purpose of assisting the Commission, that competent authority or that Principal Secretary of State to ensure compliance with the EU Regulation, or (d) for the purposes of the investigation, prevention or detection of crime or with a view to the instigation of, or otherwise for the purposes of, any criminal proceedings. (2) A person who without reasonable excuse discloses any information or document in contravention of subparagraph (1) is guilty of an offence.

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133 Sark Constables La Chasse Marette, Sark GY10 1SF Telephone: Facsimile: Constable: Vingtenier: CONSTABLES REPORT 1st SEPTEMBER st AUGUST 2017 The Following incidents required the Constables involvement. (Investigation, Mediation or Assistance.) Air traffic 5 Gun Incident 1 Assaults 1 Harrassment 5 Bail attendances 3 Lost/found property including bikes 8 Boat issues 1 Missing person enquiries 5 Burglary 6 Nuisance behaviour/disturbance 5 Criminal damage 3 Personal Dispute 2 Customs Enquiry 2 Road Traffic Complaints 5 Disorderly/drunken behaviour 5 Suspicious behaviour 1 Doctor Assistance 2 Suspicious death 1 Dog incidents 3 Dog Complaints 4 Domestic/family welfare matters 3 Enquiries from other Forces 3 Licenses Issued. Tractors: 84; Tractor Driving: 188; Carriages: 28; Carriage Driving: 33; Bicycles: 680; Horses: 34; Dogs: 64; Electric Bikes: 14; Invalid Cars; 30 My term as Constable has seen a broad range of incidents, ranging from a missing bike to a suspicious death. As with all previous Sark Constables, we are expected to deal with all sorts of issues and problems from one day to the next. We rely on expert advice and training from the Guernsey Police; I have found that the Guernsey Police have been extremely helpful in all matters that have arisen and their assistance helps us in our job as Sark Constable. I would like to thank my Vingtenier, Paul Burgess, aka Budgie whose response time in the middle of the night is slightly quicker than mine as I have to come from Little Sark. He has made my job as Constable easier and I have enjoyed working with him. Now I hand him over to you! I would also like to thank Fiona Hamon for working in the office and doing most of my typing. Last but not least, thank you to the Assistant Constables and Custody Officers and Specials who are always there to support the Constable. I also thank the General Public and encourage them to remain vigilant and to continue to assist future Constables their help and support is greatly appreciated. I knew it was going come around to me one day to be Sark Constable and when I was asked by Sam, I only hesitated until he asked me again then I am not sure why, but I agreed to take on the role. Glenn Williams Constable