The requirements for new legislation vary. It could be that an existing piece of legislation is no longer fit for purpose and needs to be completely repealed and replaced. Some pieces of legislation may need to be updated through an amendment to the existing legislation and other pieces of legislation may be completely new in that a version has never existed before, such as the upcoming Capacity legislation.
The requirements for new legislation vary. It could be that an existing piece of legislation is no longer fit for purpose and needs to be completely repealed and replaced. Some pieces of legislation may need to be updated through an amendment to the existing legislation and other pieces of legislation may be completely new in that a version has never existed before.
The legislative drafting process
Once the States of Deliberation agrees, as directed by a Resolution (a decision of the States), to create a new, or amend an existing piece of legislation, the new or revised draft of the Law must pass through several stages and checkpoints before it comes into force and is commenced.
The Legislative Drafting and Advisory Team draft legislation for the Bailiwick and its Islands.
Law Officers provide legal services, including drafting Legislation for the States of Guernsey, the States of Alderney and the Chief Pleas of Sark and some other public bodies, in line with the direction of the States of Deliberation.
The main types of legislation drafted are:
- Laws (Projets de Loi/Projets) are equivalent to a UK Act of Parliament or statute, and generally consist of the broad principles and enforceable rules relevant to specific issues such as crime, taxation, housing control and financial services. It can also delegate specific roles or responsibilities to other bodies. Also referred to as 'primary legislation'.
- Ordinanceswhich might provide further detail for an area already dealt with by Law or might concern a stand-alone area such as fishing (in accordance with the customary law i.e. previous decisions or directions by Guernsey judges as to the law), and
- Subordinate legislation which will generally provide practical and procedural detail in relation to a Law or Ordinance. This can be in the form of Regulations, Statutory Instruments, Rules or Orders, for example.
An alternative process for the granting of Royal Assent for Projets was approved by the States in early 2023 and the Royal Assent to Legislation (Delegation to Lieutenant-Governor) (Bailiwick of Guernsey) Order 2024 came into force on the 29th February 2024. In this process, His Excellency the Lieutenant-Governor is granted delegated authority to grant (or withhold) Royal Assent for primary legislation approved by the States of Deliberation, the States of Alderney and the Chief Pleas of Sark. The Lord Chancellor still exercises the same degree of oversight over Projets submitted for Royal Assent by the Lieutenant-Governor. This excludes Projets requiring specific consideration by the Privy Council.
The process can vary depending on whether the legislation is a Projet de Loi or an Ordinance. 
The Approval Process for a Bailiwick of Guernsey Law [263kb] flowchart and the Approval Process for a Bailiwick of Guernsey Ordinance [543kb] flowchart have been created to explain this process.
The lists below contain links to further information and the contact details for the relevant Lead Committee for each piece of legislation.
