Recent Changes in Legislation

27/10/2023

LN 279/23 Fair Trading Act 2023, Notice of Commencement

Type: Notice of Commencement

Effect: This notice commences the Fair Trading Act 2023 on 1st October 2023 apart from the following sections which came into operation on 28th September 2023:

  • 25(1)(f): person carrying on cottage industry, artisan or service provider is not carrying on business if turnover less than £20,000;
  • 51: allowing the minister to prescribe fees for the OFT to exercise its functions under the Fair Trading Act 2023;
  • 110(1): allowing certain OFT decisions to be appealed;
  • 111: general power for the minister to make regulations and issue codes of conduct or consumer codes for licence holders to follow; and
  • 112: allowing the minister to make regulations for fees to be paid to the OFT.

LN 280/23 Fair Trading (Appeals) Regulations 2023

Type: Subsidiary Legislation. Made under: sections 110(10), 111, and 112, Fair Trading Act 2023

Commencement: 01/10/2023

Effect: These regulations regulate the procedure for appealing a decision of the OFT under the Fair Trading Act 2023. This includes appeals to the Decision Making Committee and to the Supreme Court.

LN 281/23 Licensing and Fees (Amendment) Act 2023, Notice of Commencement

Type: Notice of Commencement

Effect: This notice commences the Licensing and Fees (Amendment) Act 2023 as from 1 October 2023, which removed the requirement in the Licensing and Fees Act for licences to carry on the business of an auctioneer, baker, guide, porter or broker.

LN 282/23 Fair Trading (Payment of Fees) Regulations 2023

Type: Subsidiary Legislation. Made under: sections 51, 111, and 112, Fair Trading Act 2023

Commencement: 01/10/2023

Effect: These regulations set out the fees payable for the issue, transfer, extension, removal, alteration, and renewal of licences by the OFT.

LN 283/23 Fair Trading (Annual Turnover) Regulations 2023

Type: Notice of Commencement. Made under: sections 25(1)(f) and 111, Fair Trading Act 2023

Commencement: 01/10/2023

Effect: These regulations set the upper limit of the turnover at £20,000 for a business to be considered a cottage industry, artisan, or service provider (and thus deemed to not be carrying on a business for the purposes of the Fair Trading Act 2023). This upper limit of £20,000 does not apply to a person who carries on a specified business (which includes tattooing, administering a substance into the body of a person, providing therapy and counselling, and the management, organisation or provision of healthcare services). the procedure for the Magistrates’ Court to make or review an order to detain applicants for asylum or their dependent family members.

LN 272/23 Asylum (Amendment) Regulations 2023

Type: Subsidiary Legislation, Amendment. Made under: section 55, Immigration, Asylum and Refugee Act

Commencement: Day of publication in Gazette (21/09/2023)

Summary of effect: These regulations amend the Asylum Regulations 2008 to allow applicants for asylum and their dependent family members to be detained in Gibraltar for reasons connected with their asylum application, including for obtaining more information and for protecting the security or public order of Gibraltar. The amendments brought in by these regulations also set out the procedure by which the Magistrates’ Court may make or review an order for detention of applicants for asylum and their dependent family members.

Effect more particularly: These regulations amend the Asylum Regulations 2008 to:

  • Delete the provision which states that applicants for asylum and their dependent family members may only be detained where necessary and in accordance with the law of Gibraltar;
  • Allow for applicants for asylum and their dependent family members to be detained where:
    • Detention is necessary for determining or verifying the detainee’s identity or nationality;
    • Detention is necessary for determining the elements on which the application for international protection which could not be obtained without detention, in particular where there is a risk the person to be detained may abscond;
    • Detention is necessary for deciding on the right of a dependent family member of an applicant for asylum to enter Gibraltar;
    • The person to be detained is subject to an order for removal or to proceedings in which such an order is sought, and there are reasonable grounds to believe that the applicant or dependent family member are only applying for international protection to delay or frustrate proceedings seeking removal from Gibraltar;
    • Detention is necessary for protecting the security of Gibraltar or public order;
    • Detention is in accordance with the criminal law of Gibraltar; and
    • detention is in accordance with the Mental Health Act 2016.
  • Allow for the Magistrates’ Court to decide to detain an applicant for asylum or their dependent family members on any of the above grounds except detention in accordance with the Mental Health Act 2016;
  • Require any detention under the Asylum Regulations 2008 of applicants for asylum or their dependent family members to be for as short a period as possible, and only whilst the conditions enabling detention continue to be met; and
  • Set out

LN 276/23 Traffic (Designation of Pedestrianised Areas) (Amendment) Order 2023

Type: Subsidiary Legislation, Amendment. Made under: regulation 3, Traffic (Pedestrianisation) Regulations 2001

Commencement: Day of publication in Gazette (25/09/2023)

Effect: This Order amends the Traffic (Designation of Pedestrianised Areas) Order 2001 to forbid the riding of cargo bicycles in a pedestrianised area without a permit and to allow for bicycles and cargo bicycles to be ridden along George’s Lane and along Cathedral Square towards the junction with Secretary’s Lane, along Cathedral Square from the junction with Bomb House Lane to the junction with Secretary’s Lane, and from John Mackintosh Square along Irish Town as far as Cloister Ramp.

LN 277/23 Traffic (Electrically Assisted Pedal Cycles) Regulations 2023

Type: Subsidiary Legislation. Made under: sections 2A and 76, Traffic Act 2005

Commencement: Day of publication in Gazette (25/09/2023)

Effect: These regulations regulate the specifications of an electrically-assisted pedal cycle. Such bicycles must be fitted with a motor whose maximum continuous rated power does not exceed 250 watts, and which cannot propel the bicycle when it is travelling at more than 25 kilometres per hour.

LN 278/23 Traffic (Pedestrianisation) (Amendment) Regulations 2023

Type: Subsidiary Legislation, Amendment. Made under: regulation 89, Traffic Act 2005

Commencement: Day of publication in Gazette (25/09/2023)

Effect: These regulations amend the Traffic (Pedestrianisation) Regulations 2001 to define cargo bicycles (a bicycle designed for carrying a load, but not a bicycle altered after its manufacture to carry a box or other container). These regulations also make amendments to recognise that cargo bicycles cannot be ridden in pedestrianised areas without a permit, and allow for a free permit to be issued to a person to ride a cargo bicycle in a pedestrianised area.

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