Air and Sea Ports
(Incorporation) (Jersey) Law 2015
A LAW to establish Ports of Jersey Ltd., and to make provision about it;
to make new provision relating to port operations and the management of
passenger and freight services into and out of Jersey; to enable staff, assets
and liabilities to be transferred to one or more companies; to enable the
Jersey Competition Regulatory Authority to license any such companies, and to
license the operation of lifeline services; to make further related and
consequential provision about the operation and management of Jersey’s
airport and sea ports and harbours, and about air and maritime safety and
security; and for connected purposes
Commencement [see endnotes]
PART 1
PRELIMINARY
1 Interpretation: general
In this Law –
“administration” –
(a) in
relation to an aerodrome, means the exercise of any of the powers of policing,
administration and management conferred on the Airport Director by the Aerodromes (Administration)
(Jersey) Law 1952 and by Regulations under that Law;
(b) in
relation to a harbour or territorial waters, means any matters for which the
harbour authority or, as the case may be, the Harbour Master is responsible
under or by virtue of the Harbours (Administration)
(Jersey) Law 1961;
“aerodrome” has the meaning given by Article 1(1)
of the Civil Aviation (Jersey)
Law 2008;
“company” has the meaning given by Article 1(1) of
the Companies (Jersey)
Law 1991;
“competent authority” means a Minister designated as
such for the purposes of any Article of Part 1 of the Emergency Powers and Planning
(Jersey) Law 1990;
“Court” means the Royal Court;
“DCA” means the person appointed under Article 3 of
the Civil Aviation (Jersey)
Law 2008 to hold the office of Director of Civil Aviation established under Article 2
of that Law;
“facilities” includes harbours, land, immovable
property, and movable structures and equipment;
“freight” includes the transportation of fuel;
“harbour”, unless the context otherwise requires, has
the meaning given by Article 1 of the Harbours (Administration)
(Jersey) Law 1961;
“harbour authority” means the person or body appointed
as such, in relation to any particular harbour, under Article 2(1) of the Harbours (Administration)
(Jersey) Law 1961;
“Harbour Master” means the person who is appointed as
such under Article 2(7) of the Harbours (Administration)
(Jersey) Law 1961;
“JCRA” means the Jersey Competition Regulatory Authority
established by Article 2 of the Competition Regulatory
Authority (Jersey) Law 2001;
“licensee”, except where otherwise indicated, means –
(a) in
relation to port operations, a person to whom a licence to carry out such
operations is granted by the JCRA under Part 3;
(b) in
relation to lifeline services, a person to whom a licence to carry out such
services is granted by the JCRA under Part 3 as applying by virtue of Part 6;
“lifeline services” means such activities, services and
operations as may be specified in accordance with Article 42;
“Minister”, except where otherwise indicated, means the Minister for Sustainable Economic Development [1];
“POJL” means the company established under Article 3;
“port operations” has the meaning given by Article 2;
“port operator” means a person licensed under Part 3
of this Law to carry out port operations;
“public service obligations” has the meaning given by Article 6;
“territorial waters” has the meaning given by Article 1
of the Harbours (Administration)
(Jersey) Law 1961.
2 Port
operations
(1) In this Law,
“port operations” –
(a) means –
(i) the provision of
facilities and services for and in relation to commercial passenger travel and
freight transport into and out of Jersey, by air or by sea,
(ii) the
provision of facilities and services for and in relation to non-commercial
travel and leisure pursuits around, into and out of Jersey, by air or by sea,
and specifically (in the case of harbour operations) within Jersey territorial
waters, and
(iii) the
management, maintenance and operation of such facilities and services;
and
(b) except
where otherwise indicated or required by the context, should be read as
referring to both airport operations and harbour operations.
(2) In this Law,
“airport operations” means any operations falling within the
description in paragraph (1) and carried out in or in relation to an
aerodrome or to travel and transport by air.
(3) In this Law,
“harbour operations” means any operations falling within the
description in paragraph (1) and carried out in or in relation to a
harbour or to travel and transport by sea.
(4) Without derogation from
the generality of the preceding paragraphs, the States may by Regulations
specify further ancillary or related operations and activities (whether
individually, or by reference to the nature or a class of operation or
activity) as falling, or not falling, within the definitions “port
operations”, “airport operations” or “harbour
operations”.
(5) The power conferred by paragraph (4)
to specify further operations and activities shall include power
consequentially to amend this Part and Article 7.
PART 2
PORTS OF JERSEY LTD.
3 Establishment
of Ports of Jersey Ltd.
(1) There shall be a
company known as Ports of Jersey Ltd. (“POJL”).
(2) POJL shall be a company
limited by shares and capable of being a transferee company in the sense given
to that term by Part 5.
(3) The Minister for
Treasury and Resources shall, following consultation with the Minister –
(a) appoint
the first Chairman of the Board of directors of POJL; and
(b) determine
the terms and conditions of service which are applicable to the first Chairman
of the Board on appointment.
(4) In relation to any
appointment subsequent to the appointment of the first Chairman under paragraph (3),
POJL shall not appoint a person as Chairman of the Board without the approval
of the Minister.
(5) Subject to paragraph (6),
the Minister for Treasury and Resources shall exercise, in relation to POJL,
the powers of the States in their capacity of holder of securities in a
company, but in doing so the Minister for Treasury and Resources shall act –
(a) in
the interests of the States in that capacity; and
(b) in
such a way as to encourage sustainable growth in the economy of Jersey in the
medium to long term.
(6) The following powers
may not be exercised by the Minister for Treasury and Resources unless directed
to do so by the States and in accordance with any such direction, namely –
(a) powers
to dispose of shares or share rights in POJL and to create or dispose of
security interests over, or otherwise charge, such shares or share rights;
(b) power
to authorize the issue of shares or share rights in POJL to any person other
than the States;
(c) power
to vote on a resolution to wind up POJL; and
(d) such
other powers as the States may prescribe by Regulations.
4 Powers
and functions of POJL: scope and manner of exercise
(1) Subject to paragraphs (2)
and (3), POJL shall exercise each of its powers and carry out each of its
functions (whether those powers and functions are conferred by this Law, by
Regulations made under it or by any other enactment, or arise otherwise by
operation of law) –
(a) with
regard to its primary object as defined in Article 5; and
(b) in
compliance with conditions imposed by or in connection with any licence granted
under Part 3.
(2) If and to the extent
that any Order or direction made by a competent authority in relation to port
operations is in contravention of or conflicts with one or more of its objects,
or with a condition mentioned in paragraph (1), POJL shall comply with
that Order or direction.
(3) POJL shall at all times
exercise its powers so as not to conflict with –
(a) the
administration by the DCA of an aerodrome or of airport operations in the
interests of aviation safety and security; or
(b) the
administration by a harbour authority or the Harbour Master of a harbour or of
harbour operations in the interests of maritime safety and security.
(4) In this Article, a
reference to the exercise of powers by POJL includes reference to exercise of
those powers by or by means of a subsidiary, agent, employee or sub-contractor
of POJL.
5 Primary
object of POJL
(1) The primary object of
POJL shall be to provide, or ensure the provision of, safe, secure and
efficient port operations for Jersey, whether by itself or by any other person
acting as its subsidiary, agent, employee or sub-contractor.
(2) Without derogation from
the primary object stated in paragraph (1), in carrying out commercial
port operations POJL shall act in the manner best calculated to secure
sustainable growth in the economy of Jersey in the medium to long term.
(3) In paragraph (2),
“commercial port operations” means any port operations licensed
under Part 3, but does not include harbour operations which form part of
POJL’s public service obligations as expressed in Article 6.
6 Public
service obligations of POJL
(1) POJL shall be
responsible for discharging, in accordance with this Article, the following
functions (referred to collectively in this Law as “public service
obligations”) –
(a) co-ordinating,
or providing resources for co-ordinating, maritime search and rescue within the
Jersey Search and Rescue Region;
(b) maintenance
of aids to navigation in territorial waters;
(c) acting
as custodian of Jersey harbours;
(d) enforcement
of shipping legislation in territorial waters;
(e) carrying
out certain port State control functions;
(f) management
of the Channel Islands Control Area.
(2) The functions listed in
sub-paragraphs (a), (b), (d), (e) and (f) of paragraph (1) shall be
discharged by POJL –
(a) in
accordance with any agreement for the purpose between the Minister and POJL; or
(b) in
the absence of any such agreement, as directed by the Minister.
(3) The function listed in
sub-paragraph (c) of paragraph (1) shall be discharged by POJL in
accordance with any agreement for the purpose with the Minister for Treasury
and Resources and, in relation to a particular harbour, in consultation with
the Connétable of the Parish in which the harbour in question is
situated.
(4) The Minister may
(following consultation with POJL, and with any other Minister concerned in
respect of a particular function) by Order amend this Article to add, remove or
modify a particular function and the manner of discharge of that function.
(5) For the purpose of
discharging its public service obligations, it is immaterial whether or not
POJL is appointed as a harbour authority under the Harbours Administration
(Jersey) Law 1961.
(6) In this Article –
“Channel Islands Control Area” has the meaning given by Article 1
of the Civil Aviation (Jersey)
Law 2008;
“port State control” means the procedures set out in the
Annex to Resolution A.1052(27) adopted by the Assembly of the International
Maritime Organization on 30th November 2011, as from time to time modified
in their application in relation to Jersey by agreement with the Minister.
PART 3
LICENSING OF PORT OPERATORS
Chapter 1
Requirement for licence
7 Licences
needed to carry out port operations
(1) Subject to paragraphs (2),
(3) and (7), no person may carry out port operations in Jersey unless that
person is a licensee under a licence which is in force at the time when
the person is carrying out such operations.
(2) For the avoidance of
doubt, the prohibition in paragraph (1) does not apply to the States or to
any Minister, department or administration of the States.
(3) The prohibition in paragraph (1)
does not apply in relation to any operation or activity –
(a) which
falls within the definition “port operations” but is carried out in
pursuance of an Order or directions made by a competent authority;
(b) which
falls within the definition “harbour operations” but is the
provision of a facility or a service in a harbour or territorial waters
designated by –
(i) the Harbour
Master, prior to the coming into force of the Schedule, or
(ii) the
relevant harbour authority, after the coming into force of the Schedule,
as directed by the Minister under Regulation 4 of the Harbours (Jersey)
Regulations 1962; or
(c) which
is specified as one of the public service obligations of POJL.
(4) A licence under this
Article may be granted by the JCRA in respect of airport operations or harbour
operations or both, but in every case shall specify the particular operation or
activity, or nature or class of operation or activity, in respect of which the
licence is granted.
(5) Article 14 makes
further provision as to the powers of the JCRA in relation to the grant and
content of licences.
(6) Nothing in this Article
or in Articles 14 or 15 shall be taken as precluding the grant of an
exclusive licence where in the JCRA’s opinion such a grant is
appropriate.
(7) The JCRA may grant an
exemption from paragraph (1) –
(a) subject
to any direction by the Minister; and
(b) where
relevant, having regard to any public service obligation in respect of harbour
operations.
(8) An exemption under paragraph (7) –
(a) may
be granted to a particular person or particular class of persons;
(b) may
be granted subject to such conditions as the JCRA thinks fit;
(c) if
granted to a particular class of persons, shall be published; and
(d) shall
continue in force for such period as may be specified in the exemption.
8 Duty
of licensee to comply with conditions
(1) A licensee shall comply
with any conditions (as to which Chapter 2 of this Part makes further
provision) –
(a) under
Article 14(6)(b), upon the terms of which the licence in question is
granted;
(b) under
Article 15, in relation to port operations and contained in the licence.
(2) A contravention of a
condition described in paragraph (1) does not of itself amount to a
contravention of the requirement in Article 7(1), except that if and to
the extent that a particular port operation is prohibited by a condition
contained in a licence, the licensee shall not carry out that operation.
9 Enforcement
of requirement by persons aggrieved
(1) Compliance with Article 7(1)
is a duty owed to any person who may be aggrieved by a failure to comply.
(2) Where the duty
mentioned in paragraph (1) is owed to a person –
(a) a
breach of the duty which causes loss or damage to that person; or
(b) any
act which, by inducing a breach of the duty or by interfering with its
performance, causes loss or damage to that person and is done wholly or partly
for that purpose,
shall be actionable by that person.
10 Enforcement of
requirement by Minister or JCRA
Where there is a failure to comply with Article 7(1), the
Minister or the JCRA may bring civil proceedings for an injunction or such
other relief as the Court may deem appropriate, to compel compliance with that
provision.
11 Offences
A person who –
(a) acts in contravention
of the prohibition in Article 7(1) or of the prohibition in Article 43(1);
(b) offers to do anything,
or represents that they are able or willing to do anything, which if carried
out would be a contravention of either of those prohibitions; or
(c) acts in contravention
of a prohibition contained in a licence as described in Article 8(2),
shall be guilty of an offence and liable to imprisonment for a term
of 12 months and a fine.
12 Other licences
and permits
The provisions of this Part are in addition to, and do not derogate
from, any requirement for a licence or permit imposed by or under any other
enactment and in particular –
(a) in relation to
aerodromes, by or under Part 3 of the Civil Aviation (Jersey)
Law 2008 and the Air Navigation (Jersey) Law 2014;
(b) in relation to
harbours, by or under the Harbours (Jersey)
Regulations 1962 and the Harbours (Inshore Safety)
(Jersey) Regulations 2012.
13 Suspension of
requirement for licence
(1) The Minister may by
Order suspend in whole or in part the operation of Article 7 –
(a) after
consultation with the JCRA as to doing so;
(b) if
the Minister considers that it is in the public interest to do so;
(c) on
such terms and subject to such conditions as the Minister thinks fit; and
(d) for
such period (not being a period beginning before the making of the Order) as
shall be specified in the Order.
(2) The Minister may not
amend an Order made under paragraph (1) so as to extend the period of
suspension for longer than a total period of 6 months beginning with the
date of making of the Order.
(3) The power conferred on
the Minister by paragraph (1) shall not be exercised more than once in
respect of a particular set of circumstances, except to revoke or amend an
Order made under that paragraph.
Chapter 2
Licences
14 Grant of licences
(1) An application for a
licence shall be made to the JCRA in writing and in such form and containing
such particulars as the JCRA may require.
(2) The JCRA may grant a
licence or refuse the grant of a licence as it thinks fit.
(3) Without derogation from
the generality of paragraph (2), the JCRA may refuse the grant of a
licence where at any time during the period of 5 years preceding the date
of the application, the applicant has failed –
(a) to
pay such fee in respect of a licence (whether the licence for which application
is made, or any other licence) as may have been due under Article 16;
(b) to
provide such information as may reasonably have been required in connection
with the application for a licence under paragraph (1);
(c) to
comply with a direction under Article 18 in respect of any licence other
than the licence for which application is made; or
(d) to
pay a financial penalty imposed on the applicant under Article 20 in
relation to the contravention of a condition contained in a licence other than
the licence for which application is made.
(4) A licence must be in
writing and must specify the name of the licensee and the period for which the
licence will remain in force.
(5) A licence may be
granted authorizing the licensee –
(a) to
conduct port operations generally; or
(b) to
conduct only such port operations as may be specified in the licence.
(6) A licence –
(a) may
be granted unconditionally; or
(b) the
grant of the licence, the licence itself, or both may be limited by such
conditions as the JCRA may think fit, including (but not limited to) conditions
of any of the kinds described in Article 15.
15 Conditions in
licence
(1) A licence may contain
conditions which, in the opinion of the JCRA, are necessary or desirable,
including but not limited to conditions relating to, or imposing requirements
for, any one or more of the following –
(a) the
management and conduct of port operations in respect of which the licence is
granted (in this Article, “licensed operations”);
(b) standards
of performance in the conduct of licensed operations;
(c) competition
in the conduct of licensed operations and in relation to facilities used in the
conduct of licensed operations;
(d) the
co-location and sharing of services and facilities, and of access thereto, in
relation to or for the conduct of licensed operations;
(e) the
creation or upholding by the licensee of specified rights in or over land or
facilities used in the conduct of licensed operations;
(f) mechanisms
for receiving and resolving complaints against the licensee by users within
Jersey of services provided under the licence;
(g) requiring
the licensee to make what, in the opinion of the JCRA, is a fair contribution
to the costs of another licensee incurred –
(i) in the
performance of an operation or activity pursuant to a public service
obligation, or
(ii) because
the other licensee is required to perform any kind of cross-subsidized
operation or activity;
(h) the
implementation of any directions or guidance given to the JCRA under Article 27,
which in the opinion of the JCRA can be implemented only by, or with the
assistance of, the licensee;
(i) the
levels of prices, premiums and discounts which may be charged or (as the case
may be) allowed by a licensee having a dominant position in the conduct of port
operations;
(j) prohibiting,
regulating or requiring the provision of a particular operation or activity; or
(k) preventing
or controlling anti-competitive behaviour.
(2) A licence may contain
conditions regulating the terms and conditions to be included in any contract
between the licensee and –
(a) any
user in Jersey of services provided under the licence in connection with port
operations; or
(b) any
provider of such services to the licensee.
(3) A licence may contain
conditions requiring the licensee –
(a) to
provide such information relating to the conduct of licensed operations by the
licensee, and to do so in such form and at such times, as the JCRA may
reasonably require;
(b) to
pay to the JCRA –
(i) any fee falling
due upon application for or grant of a licence, in accordance with Article 16(1)(a),
(ii) any
periodical payment determined under Article 16(1)(b),
(iii) any
payment in respect of a consent or determination mentioned in this paragraph;
(c) not
to do, or not to continue or cease to do, anything specified under the licence
without the JCRA’s prior written consent;
(d) to
refer for determination by the JCRA any specified question or class of
question, and to abide by or act upon such a determination;
(e) to
comply with any direction given by the JCRA in respect of anything to which the
licence relates.
(4) For the purposes of paragraph (3)
the JCRA shall have power to give, refuse or revoke a consent, determination or
direction mentioned in that paragraph.
16 Licence fees
(1) The JCRA may determine –
(a) the
amount of any fee payable on application for a licence or upon grant of a
licence;
(b) any
periodical payment due under the terms or conditions of a licence, and the
period in respect of which it is payable.
(2) For the purposes of
sub-paragraph (1)(b) –
(a) the
JCRA may determine such a payment at a level which enables the JCRA to recover
in whole or in part any of its costs attributable to the performance of its
functions under this Law (whether such costs are actual, projected, direct or
apportioned);
(b) the
payment or fee may be fixed as a percentage of the turnover or profit of a
licensee or a member of a class of licensees.
(3) A payment or fee for
which this Article makes provision shall be recoverable as a civil debt due to
the JCRA.
17 Modification of
conditions
(1) The JCRA may –
(a) of
its own motion, following consultation with the licensee; or
(b) on
the application of the licensee,
modify or decline to modify any condition contained in a licence by
virtue of Article 15, as the JCRA sees fit.
(2) The power to modify a
condition conferred by paragraph (1) includes power to insert a new
condition or to amend or delete a condition, but any new condition or amended
condition –
(a) must
be a condition which a licence may contain by virtue of this Chapter; and
(b) shall
be taken, as from the date of the modification, to be a condition contained in
the licence by virtue of Article 15.
18 Direction to
comply with licence conditions
(1) Where in the opinion of
the JCRA a licensee is, or acts, in contravention of a condition contained in a
licence, the JCRA may give a direction to the licensee in accordance with this
Article for the purpose of ensuring compliance with the condition.
(2) If the JCRA is minded
to give a direction under paragraph (1), the JCRA shall give notification
to the licensee which –
(a) sets
out the direction which the JCRA proposes to give to the licensee under paragraph (1);
(b) specifies
the period during which the licensee has an opportunity to –
(i) make
representations about the matters notified,
(ii) comply
with any conditions referred to in the notification in respect of which the
licensee remains in contravention, or
(iii) remedy
the consequences of any contraventions referred to in the notification.
(3) Subject to paragraphs (4)
and (5), the period specified in the notification under paragraph (2)(b)
shall be the period of 28 days beginning with the day after the day on
which the notification is given.
(4) The period specified in
the notification may be shorter if –
(a) the
JCRA has reasonable grounds for believing that the contravention in respect of
which it is proposing to make a determination is a repeated contravention; and
(b) the
JCRA has determined that, in those circumstances, a shorter period would be
appropriate.
(5) The period specified in
the notification may be longer, or may be extended by a further period to be
specified in writing, if the JCRA determines that in all the circumstances a
longer period would be appropriate.
(6) A notification under
this Article –
(a) shall
be in writing;
(b) may
be given in respect of more than one contravention; and
(c) if it
is in respect of a continuing contravention, may be given in respect of any
period during which the contravention has continued.
(7) For the purposes of paragraph (4)(a),
a repeated contravention is a contravention of the same condition in respect of
which the JCRA has given a notification or direction under this Article less
than 12 months earlier than the notification now being given.
(8) The JCRA shall not give
a direction if it is satisfied that –
(a) its
duties under Article 26 preclude the giving of such a direction;
(b) the
contravention of the condition is trivial; or
(c) the
licensee is taking effective steps to comply with the condition and to remedy
any deleterious effects of the contravention.
(9) A direction under this
Article shall –
(a) be in
writing addressed to the licensee;
(b) specify
the licence to which it relates, the condition contravened and the manner of
the contravention; and
(c) require
the licensee to act or not to act in a manner specified.
(10) A direction may –
(a) require
the licensee to take such steps within such period as may be specified in the
direction; and
(b) be
modified at any time by the JCRA giving a fresh direction in accordance with
this Article.
19 Enforcement of
directions: civil proceedings
(1) The obligation to
comply with a direction is a duty owed by the licensee to any person who may be
affected by the failure to comply with the direction.
(2) Where the duty
mentioned in paragraph (1) is owed to a person –
(a) a
breach of the duty which causes loss or damage to that person; or
(b) any
act which, by inducing a breach of the duty or by interfering with its
performance, causes loss or damage to that person and is done wholly or partly
for that purpose,
shall be actionable by that person.
(3) In any proceedings
brought against a licensee under paragraph (2)(a), it shall be a defence
for the licensee to prove that the licensee took all reasonable steps and
exercised all due diligence to comply with the direction.
(4) The JCRA may bring
civil proceedings for an injunction or other appropriate relief, to compel
compliance with a direction duly given under Article 18.
20 Enforcement of
conditions: financial penalties
(1) Subject to paragraph (2),
where a licensee is, or acts in, contravention of a condition contained in a
licence, the JCRA may impose a financial penalty (in addition to, and without
derogating from, any direction given in exercise of its powers under Article 18).
(2) The JCRA shall not seek
to impose a financial penalty where –
(a) the
contravention is trivial; or
(b) the
licensee is taking reasonable steps to comply with the condition or to remedy
any deleterious effects caused by the contravention.
(3) The total of any
financial penalties imposed on any individual licensee shall not exceed 10% of
turnover of the licensee for any period (to a maximum of 3 years) during
which the licensee was in contravention of the condition.
(4) A financial penalty
imposed under this Article is recoverable as a civil debt due to the JCRA.
(5) The JCRA shall pay to
the Treasurer of the States any money received by it in payment of a financial
penalty, which shall be paid by the Treasurer into the Consolidated Fund.
21 Enforcement of
conditions and directions: revocation of licence
(1) Where a person fails to
comply with a direction duly given under Article 18, the JCRA may revoke
the licence in respect of which the direction was given, or any other licence
held by that person, and the licence shall cease to have effect upon revocation.
(2) A transaction between a
person and a former licensee shall not be invalid merely because of a failure
to comply with a direction as mentioned in paragraph (1) nor because of
revocation of a licence consequent upon such failure.
22 Register
(1) The JCRA shall keep a
register in which it shall enter details of the following –
(a) every
licence granted under Article 14 and the licensee to whom it is granted;
(b) every
direction given under Article 18;
(c) every
revocation of a licence under Article 21.
(2) The register shall be
open to inspection by the public during such reasonable hours as the JCRA shall
determine.
(3) The JCRA shall supply
copies or extracts from the register to a member of the public upon payment of
such reasonable fee as the JCRA may determine.
23 Notice of
exercise of regulatory function
(1) For the purposes of
this Article and Article 24, “regulatory function” means any
of the following functions of the JCRA –
(a) the
grant or refusal of a licence under Article 14;
(b) the
exercise of a power conferred by Article 15(4) to give, refuse or revoke
consents, determinations or directions, as the case may be;
(c) the
modification of, or refusal to modify, a condition, under Article 17;
(d) the
exercise of the power to give directions to a licensee, under Article 18;
(e) the
imposition of a financial penalty under Article 20;
(f) the
revocation of a licence under Article 21.
(2) Before exercising a
regulatory function mentioned in any of sub-paragraphs (1)(a) to (c) or
(f), the JCRA shall give notice (“initial notice”) –
(a) stating
the regulatory function which it proposes to exercise and the action proposed;
(b) stating
the reason for the proposed exercise;
(c) stating
the date (being no earlier than 29 days after the date of service or
publication of the initial notice in accordance with this Article);
(d) specifying
the place where any document giving effect to the proposed exercise may (if it
is not or has not been supplied to the licensee) be inspected; and
(e) specifying
a period (which may not end less than 7 days from the date of service or
publication of the initial notice) within which written representations in
respect of the proposed exercise may be made by the licensee to the JCRA.
(3) For the purposes of
sub-paragraph (2)(d), “document” includes –
(a) a
copy of any licence, approval, consent, determination, direction or other
instrument; and
(b) a
copy of any conditions proposed to be modified, and (in draft form) of the
conditions as so modified.
(4) Where any representations
are made within the period specified in the initial notice, the JCRA shall
consider them and shall give notice (“final notice”) –
(a) referring
to the matters contained in the initial notice;
(b) summarizing
the representations received, and setting out or summarizing the JCRA’s
response thereto, and the reasons for that response;
(c) specifying
the place where (if it is not contained in the initial notice) the full text of
the JCRA’s response may be inspected; and
(d) stating
whether the JCRA intends to exercise the regulatory function in question or
not, and if it does so intend, stating the action proposed and the date on
which the action is to be taken.
(5) Initial or final notice
under this Article shall be given by the JCRA in the following manner –
(a) by
notice served on any person named in a licence or, if an application has been
made to the JCRA by any other person, on the applicant; and
(b) by
taking all reasonable steps to publish notice of the proposed exercise of a
regulatory function in such a way as to bring it to the attention of the public
at large.
(6) The JCRA may give fresh
initial notice in any case where –
(a) after
considering any representations or objections, the JCRA decides not to take the
action proposed in the initial notice but to take some other action; and
(b) the
JCRA is satisfied that any person or the public at large should be given an
opportunity to make representations in respect of the taking of that other
action.
(7) Where it is requested
to do so the JCRA shall make any document or text mentioned in this Article
available for inspection by the public at large at reasonable hours or supply
copies of such document or text at reasonable cost.
(8) A requirement in this
Article to publish, make available for inspection, or bring a notice, document
or any other matter to the attention of the public at large shall be taken to
be satisfied by the publication in the Jersey Gazette of the notice, document
or matter in question.
(9) Where, in response to
an application made to it for the purpose, the JCRA fails to give initial
notice within 56 days (or such longer period as may be agreed) from the
date of receipt of the application, the JCRA shall be taken to have given
initial notice refusing the application and to have published such notice on
the day immediately after the expiration of that period.
24 Appeal against
exercise of regulatory function
(1) An appeal may be made
to the Court in accordance with this Article against the exercise of a
regulatory function.
(2) Paragraph (1) does
not limit or exclude any other avenue of review of the exercise of a regulatory
function.
(3) An appeal may be made –
(a) by
the applicant, where the exercise consists of refusal (including deemed refusal
under Article 23(9)) of an application;
(b) by
the licensee, in so far as the exercise consists of the enforcement of any
condition contained in the licence;
(c) by
any person, where the exercise consists of the grant of a licence;
(d) by
any person, where the exercise consists of giving, or declining to give, a
direction under Article 18;
(e) by
any person, where the exercise consists of the imposition of a financial
penalty under Article 20.
(4) Notice of an appeal
shall be lodged with the Court no later than 28 days after publication of
initial notice under Article 23 (or within such further period as the
Court may in the interests of justice allow).
(5) In determining an
appeal under this Article, the Court is not restricted to considering questions
of law or the facts contained in any application or representations before the
JCRA, and the Court may –
(a) confirm
the proposed exercise of a regulatory function;
(b) refer
the matter of the exercise back to the JCRA for its further determination or
other action; or
(c) exercise
a regulatory function in the same way and to the same extent as the JCRA has
power to do.
(6) The Court may make such
orders as it considers appropriate, including ancillary orders and orders as to
costs, except that the Court shall not award costs –
(a) against
the JCRA, unless it is satisfied that the JCRA acted wholly unreasonably in the
exercise which is the subject of the appeal;
(b) against
the appellant, unless it is satisfied that the appellant had no reasonable
grounds for bringing the appeal.
25 Power of court to
stay exercise of regulatory function
(1) Where –
(a) a
person lodges notice of appeal in accordance with Article 24 against the
exercise of a regulatory function; and
(b) on
the date of lodging, the exercise of that regulatory function has not taken
effect,
the person may seek an order of the Court that the exercise be
postponed.
(2) The Court shall
consider the question of postponement as a matter of urgency.
(3) The Court may make an
order requiring the exercise to be postponed where it considers that –
(a) there
are prima facie reasonable grounds for the appeal; and
(b) the
balance of convenience lies in favour of postponement.
(4) The Court may in its
discretion specify a period of postponement whether by reference to a date on
which the Court determines the full appeal, or in any other manner.
(5) Where the Court
declines to order a period of postponement, the exercise of the regulatory
function shall have effect on either –
(a) the
7th day following the date on which the Court so declines; or
(b) the
date on which the exercise was to take effect according to the initial or final
notice in the case,
whichever is the later.
PART 4
ROLES OF THE MINISTER AND THE JCRA
26 Duties of both
Minister and JCRA
(1) In relation to port
operations, the Minister and the JCRA shall each have a primary duty to perform
their respective functions under this Law –
(a) so as
best to protect and further the interests of users of port operations, in the
short and long term, and to do so where appropriate by promoting competition in
the provision of port operations; and
(b) so as
best to ensure –
(i) that provision is
made to satisfy all reasonable demands, both current and prospective, for port
operations,
(ii) that
port operations are provided efficiently and effectively, and
(iii) that
a company (in particular including POJL), to the extent that it is or is to be
licensed under this Law, has sufficient financial resources to discharge its
liabilities under securities issued by the company to the States.
(2) In relation to lifeline
services, the Minister and the JCRA shall each have a primary duty to perform
their respective functions under this Law so as best to ensure that such
services are provided –
(a) efficiently,
effectively and without interruption; and
(b) so
far as consistent with sub-paragraph (a), with due regard to –
(i) any relevant
policies of the States,
(ii) the
interests of persons using or likely to use such services, and
(iii) the
special needs of persons who are disabled.
(3) So far as consistent
with paragraphs (1) and (2), the Minister and the JCRA shall each have
duties to perform their respective functions under this Law –
(a) so as
best to encourage sustainable growth in the economy of Jersey in the medium to
long term;
(b) so as
to impose a minimum of restriction on persons engaging in commercial
activities;
(c) with
due regard to any relevant policies of the States;
(d) with
due regard to preserving and maximizing the benefits of Jersey’s
resources; and
(e) with
due regard to the special needs of persons who are disabled.
27 Directions and
guidance by Minister to JCRA
(1) The Minister, having
first consulted the JCRA, may give written directions or guidance to the JCRA
as to the exercise of any of its functions under this Law.
(2) For the purpose of paragraph (1),
giving directions or guidance includes varying or revoking directions or
guidance already given under this Article.
(3) As soon as reasonably
practicable after a direction or guidance is given under this Article –
(a) the
Minister shall notify the States of the direction or guidance, and of any
comments received by the Minister from the JCRA in relation to the direction or
guidance;
(b) the
Minister shall take reasonable steps to bring the purport of that notification
to the attention of the public, by publishing it in the Jersey Gazette and in
any other way as the Minister may see fit.
(4) In exercising its
functions under this Law, the JCRA shall –
(a) comply
with any relevant directions; and
(b) have
due regard to any guidance given and for the time being in force under this
Article.
28 Non-licensing
functions of JCRA
(1) The JCRA may, in
respect of the provision of port operations and such other matters as the
States may prescribe by Regulations –
(a) conduct
research;
(b) act
as facilitator and co-operate with other regulators or port operators;
(c) provide
advice, assistance and services;
(d) establish
or approve schemes, standards, and arrangements.
(2) The JCRA may charge
such a fee as it considers reasonable for anything it does under paragraph (1).
(3) The JCRA shall, if
requested by the Minister to do so, provide information, help and advice to the
Minister in relation to port operations or any matter concerning port
operations.
(4) The JCRA may prepare
and publish, in such form and manner as it considers appropriate, a report in
relation to any matter relevant to the functions of the JCRA under this Law.
29 Annual report of
JCRA
(1) The JCRA shall prepare
an annual report and provide the report to the Minister as soon as reasonably
practicable (and in any case no later than 4 months) after the end of the
financial year to which the report relates.
(2) The JCRA may do so
either in addition to any other report which it is required to prepare under
another enactment, or as part of such other report.
(3) The report shall
contain such matters as the Minister may require.
(4) Following receipt of
the report, the Minister shall lay the report before the States as soon as
reasonably practicable.
(5) The JCRA shall use its
best endeavours to exclude from the report any matter relating to a person
mentioned, or identifiable from information contained in, the report if the
JCRA considers that the publication of such matter would or might seriously and
prejudicially affect the person’s privacy, reputation or commercial
interests, unless –
(a) the
person has consented, prior to the provision of the report, to publication of
the matter in the report; or
(b) the
JCRA considers that the importance of the public interest in the matter
outweighs the effect of publication on the person.
PART 5
TRANSFER OF PORT ASSETS, STAFF ETC.
30 Interpretation of
Part 5
(1) In this Part –
“assets” means any interest in or rights over property
whether immovable or movable and of any description, including (but not limited
to) deeds, mortgages, and securities;
“employee” means a person who is a States employee as
defined by Article 2 of the Employment of States of
Jersey Employees (Jersey) Law 2005;
“liabilities” means any liabilities, debts or
obligations, whether present or future, vested or contingent, and (for the
avoidance of doubt) includes obligations owed to an employee;
“Public”, without more, means the Public of the Island
of Jersey;
“rights” means any rights, powers, privileges or
immunities, whether present or future, vested or contingent;
“share rights” means rights to subscribe for or to
acquire shares or any other rights in connection with shares;
“stamp duty” has the meaning given by Article 1 of
the Stamp Duties and Fees
(Jersey) Law 1998;
“transfer”, except where otherwise indicated, means a
transfer under this Part;
“transfer date” means a date prescribed by transfer
Regulations;
“transfer property” means assets, rights and liabilities
transferred by transfer Regulations, and includes rights and liabilities under
or comprising contracts of employment;
“transfer Regulations” means Regulations made under Article 33(1);
and
“transferee company” has the meaning given by Article 31(1).
(2) For the purposes of
this Part –
(a) it
makes no difference whether assets, rights or liabilities are situated in
Jersey, the United Kingdom or in any other country or territory, or arise or
subsist under the law of Jersey, of any part of the United Kingdom, or of any
other country or territory;
(b) reference
to an asset or right includes an asset or right of the Public to the use or
enjoyment of which the Minister is entitled;
(c) a
liability includes a liability to which the Public is subject.
31 Transferee
companies
(1) No assets, rights, or
liabilities may be transferred under this Part except to a company which
complies with the requirements specified in paragraph (2) (a
“transferee company”).
(2) The requirements
mentioned in paragraph (1) are that a company must be, at the transfer
date –
(a) a
company limited by shares, incorporated under the Companies (Jersey)
Law 1991 and having each of its shares held by the States or by one or more
nominees on behalf of the States; or
(b) a
subsidiary of such a company.
(3) The Minister for
Treasury and Resources may from time to time appoint nominees for the purposes
of sub-paragraph (2)(a), but may not be such a nominee.
(4) A nominee shall hold
and deal with securities in the company on such terms and in such manner as the
States may direct.
(5) Subject to paragraph (6),
the Minister for Treasury and Resources may exercise the powers of the States
in their capacity as holder of securities in a company, but in doing so the
Minister for Treasury and Resources shall act in the interests of the States in
that capacity.
(6) Only the States (and
not a Minister) may exercise –
(a) powers
to dispose of shares or share rights in the company and to create or dispose of
security interests over, or otherwise charge, such shares or share rights;
(b) powers
to authorize the issue of shares or share rights in the company to any person
other than the States;
(c) power
to vote on a resolution to wind up the company;
(d) such
other powers as the States may prescribe by Regulations.
(7) Nothing in this Article
shall be taken as imposing a greater liability on the States than any liability
the States have by virtue of being a holder of securities in the company.
32 States’
holding in transferee company
(1) This Article applies
where assets, rights or liabilities are to be transferred to a transferee
company.
(2) Where this Article
applies, such securities as the States may by Regulations require to be issued –
(a) shall
be issued by the proposed transferee company to the States; or
(b) if
the proposed transferee is a subsidiary, shall be issued by the subsidiary to
its parent company.
(3) The States may by
Regulations prescribe classes of securities and any terms and conditions (in
addition to those prescribed under paragraph (4)(a)) to which the
securities may be subject.
(4) Such of the securities
as are shares –
(a) shall
be of such nominal value and be issued in such manner (namely as fully, partly
or not paid up) as may be prescribed by Regulations;
(b) shall
be treated for the purposes of the Companies (Jersey)
Law 1991 as if any amount paid on them were constituted by the payment to
the issuing company of a corresponding value in cash.
33 Transfer of assets, etc.
(1) The States shall by
Regulations –
(a) prescribe
one or more transfer dates for the purposes of this Law; and
(b) make
provision that, on the transfer date, such transfer property of the States or
of the Public as may be specified in the Regulations shall be transferred to a
specified transferee company in accordance with the provisions of this Part
(unless and to the extent that any such provision is expressly disapplied) and
with those Regulations.
(2) A transfer date
prescribed under paragraph (1) shall not be earlier than the date on which
the Regulations prescribing the transfer date come into force.
(3) A transfer may be made
on such further terms and conditions as are specified by the transfer
Regulations.
(4) If it appears expedient
to the States to do so for the purposes of this Law, the States may by
Regulations (whether by transfer Regulations, or Regulations made separately
under this paragraph) –
(a) direct
that specified assets, rights or liabilities shall not be transferred, or be
taken to be transferred, either at all or except upon specified conditions;
(b) direct
that specified assets or types of assets shall be transferred only to a
specified transferee company, or provide that they may be so transferred only
upon specified conditions.
(5) Except to the extent
provided by Article 34(3), assets transferred by transfer Regulations
shall vest in the transferee company without the need for any further or
additional conveyance, transfer, assignment, notice, assurance or other action.
(6) Rights and liabilities
transferred under this Article shall forthwith become (unless otherwise
provided in transfer Regulations) rights and liabilities of the transferee
company.
(7) The operation of this
Article or of Article 35(3) shall not be regarded –
(a) as a
breach of contract or confidence or otherwise as a civil wrong, nor in
particular as an event of default under or breach of any contractual provision
prohibiting or purporting to prohibit, restrict or regulate the assignment or
transfer of assets, rights or liabilities;
(b) as
giving rise to any remedy by way of damages or otherwise in favour of a party
to any contract or other instrument; nor
(c) as
causing or permitting the termination of any contractual or other obligation or
relationship solely because of a change in the legal or beneficial ownership of
an asset, right or liability.
(8) For the avoidance of
doubt, transfer Regulations and Regulations made under paragraph (4) may
include provision for, and relating to, the transfer of employees.
34 Evidence and registration
of transfer
(1) The production of a
copy of transfer Regulations signed by the Greffier of the States shall, for
all purposes, be conclusive evidence of the transfer to, and vesting in, the
transferee of any transfer property to which those Regulations apply.
(2) Nothing in paragraph (1)
affects the use or value for any particular purpose of any other evidence of a
transfer.
(3) On the transfer date or
as soon as reasonably practicable following the transfer date, Regulations made
under Article 33 and relating to the transfer of any interest in immovable
property situated in Jersey shall be registered in the Public Registry of
Contracts, and –
(a) such
registration shall have the same effect as a contract passed before the Court;
and
(b) the
title to such an interest shall vest in the transferee company on, and subsist
in the transferee company from, the date of such registration.
35 Treatment of
transfer with respect to tax,
valuation, etc.
(1) Stamp duty shall not be
chargeable for or in respect of a transfer made –
(a) by
transfer Regulations; or
(b) otherwise,
where prescribed by Regulations for the purposes of this paragraph.
(2) Stamp duty shall not be
chargeable for or in respect of anything prescribed by Regulations as a thing
done in consequence of such a transfer.
(3) The States may make
provision by Regulations with respect to the values to be assigned to specified
assets, rights and liabilities and the treatment of any transfer under this
Part of such assets, rights and liabilities, including and in particular for
the purposes of –
(a)
(b) the
determination of premiums for the purposes of Article 39 of the Companies (Jersey)
Law 1991;
(c) distributions
for the purposes of Article 114 of that Law; or
(d) any
other matter under that Law.[2]
36 Continuity
(1) A transfer does not
affect the validity of anything done, before the transfer takes effect, by or
in relation to the transferor.
(2) Anything which –
(a) is
done by or in relation to the transferor for the purposes of, or otherwise in
connection with, transfer property; and
(b) is in
effect or subsists immediately before the transfer date,
shall be treated as done by the transferee company.
(3) There may be continued
by or in relation to the transferee company any act or thing (including legal
proceedings) which –
(a) relates
to any transfer property; and
(b) is in
effect or subsists immediately before the transfer date.
(4) A reference to the
transferor in any enactment, instrument made under any enactment, or document
of any kind which is in effect or subsists immediately before the transfer
date, shall (to the extent that it relates to designated assets, rights or
liabilities) be taken, on and after the transfer date, to include a reference
to the transferee company.
(5) In particular and
without derogation to the generality of paragraph (4), no attornment to
the transferee by a lessee from the transferor is required.
37 Creation and
apportionment of assets, rights, etc.
(1) A transfer –
(a) may
create for the transferor interests in, or rights over, property transferred
from or retained by the transferor; and
(b) may
effect the transfer of property that would not otherwise be capable of being
transferred or assigned.
(2) In particular, a
transfer may take effect (as and to the extent specified in Regulations made
under this Part) regardless of any contravention of, or interference with, a
right or interest that would otherwise exist by reason of any provision
(whether in an enactment or otherwise) subsisting in relation to the terms on
which the transferor is entitled to the right or interest in question.
(3) As and to the extent
specified in transfer Regulations, a transfer may consist of a transfer of an
interest which is less than the entire interest of the Public subsisting in the
property immediately before the transfer.
38 Transfer of employees
(1) Where any right or
liability transferred is a right or liability under a contract of employment,
the contract –
(a) shall
not be terminated by the transfer, unless express provision is made to that
effect, or unless Article 39 applies;
(b) shall
have effect from the transfer date as if between the employee and the
transferee company.
(2) Any act done before the
transfer date by or in relation to the transferor in respect of the contract of
employment or the employee is to be treated from that date as having been done
by or in relation to the transferee company.
(3) In particular, a period
of employment with the transferor is to be treated as a period of employment
with the transferee company, and the transfer is not to be treated as
interrupting the continuity of that period.
39 Termination of
contract of employment
(1) This Article applies
where –
(a) an
employee objects to a transfer of his or her contract of employment; and
(b) prior
to the transfer date, he or she gives notice to the transferor in writing of
that fact; and
(c) immediately
before the transfer date, the notice has not been withdrawn.
(2) Where this Article
applies –
(a) the
rights and liabilities of the employee’s contract of employment are not
transferred by the transfer;
(b) the
employee is not to be treated, for any purpose, as having been either employed
by the transferee company or dismissed by the transferor;
(c) the
employee’s contract of employment shall terminate on whichever is the
later of –
(i) the transfer
date, or
(ii) the
expiry of any period of notice which applied to the employee’s contract
of employment immediately before the transfer date.
40 Collective
agreements
Any collective agreement which is –
(a) made by the States
Employment Board or otherwise by or on behalf of the States with a
representative body recognized by the Board; and
(b) in force in relation to
an employee immediately before the transfer date,
shall continue to have effect in respect of that employee as if made
by or on behalf of the transferee company with that representative body.
41 Retirement
schemes
(1) This Article applies
where a person was a member of a retirement scheme immediately before becoming employed
by a transferee company by virtue of a transfer.
(2) Where this Article
applies, on the transfer date –
(a) notwithstanding
any contrary provision in any enactment or under any other contract or
arrangement, the transferee company shall become the person’s employer
for the purposes of that scheme; and
(b) the
terms of the person’s membership of the scheme, and the person’s
rights and liabilities under that scheme, shall be (otherwise than as provided
by sub-paragraph (a)) unaffected by the transfer.
PART 6
licensing of lifeline services
42 Lifeline services
(1) The States may make
Regulations for the purpose of specifying that certain activities, services and
operations in or from a harbour or territorial waters are lifeline services in
relation to Jersey.
(2) Following consultation
with –
(a) the
relevant harbour authority;
(b) the
supplier, or (as the case may be) the intended supplier, of the service in
question; and
(c) such other
parties as the Minister may see fit to consult,
the Minister may by Order direct that, from a date specified in the
Order, a designated service shall be treated as if it were a lifeline service
specified as such in Regulations made under paragraph (1).
(3) In this Part,
“designated service” means an activity, service or operation in or
from a harbour or territorial waters designated by –
(a) the
Harbour Master, prior to the coming into force of the Schedule; or
(b) the
relevant harbour authority, after the coming into force of the Schedule,
as directed by the Minister under Article 4 of the Harbours (Jersey)
Regulations 1962.
(4) Where
Regulations under paragraph (1) or Orders under paragraph (2) are made –
(a) the
provisions of Parts 3 and 4 of this Law shall apply, with the
modifications set out in Article 44, in relation to lifeline services as
they do in relation to port operations; and
(b) upon
grant of a licence under Article 14(2), Article 4A of the Harbours (Administration)
(Jersey) Law 1961 and the provisions of Regulations made under
that Article shall cease to apply,
in respect of the service in question.
43 Licences needed
to carry out the provision of lifeline services
(1) Subject to paragraphs (2)
and (3), no person may carry out the supply of lifeline services in, to and
from Jersey unless that person is a licensee under a licence which is in force
at the time when the person is carrying out the supply of such services.
(2) For the avoidance of
doubt, the prohibition in paragraph (1) does not apply to the States or to
any Minister.
(3) The prohibition in paragraph (1)
does not apply in relation to any activity, service or operation which is
specified as a lifeline service but is carried on or supplied in pursuance of
an Order or directions made by a competent authority.
(4) A licence granted by
the JCRA in respect of a lifeline service shall in every case specify the
particular activity, service or operation in respect of which the licence is
granted.
(5) Articles 14 and 45
make further provision as to the powers of the JCRA in relation to the grant
and content of licences.
(6) Nothing in this Article
or in Article 14 or 15 shall be taken as precluding the grant of an
exclusive licence where in the JCRA’s opinion such a grant is
appropriate.
44 Modification of
Parts 3 and 4 in their application to lifeline services
In their application to lifeline services under Article 42(4),
Parts 3 and 4 of this Law shall have effect as if –
(a) in Articles 8, 14,
and 15 for each reference to port operations there were substituted a reference
to lifeline services, and for each reference to an operation there were
substituted a reference to a service;
(b) in Articles 8, 9,
and 10, as though the reference in each place to Article 7(1) were a
reference to Article 43(1); and
(c) in Article 26, as
though paragraph (1)(b) were omitted.
45 Lifeline
services: supplier of last resort
(1) Upon being directed to
do so by the Minister under Article 27, and in accordance with any
Regulations made under paragraph (2), the JCRA may impose, in a licence
granted by the JCRA in respect of a lifeline service, conditions relating to
the continuous supply of that service by the licensee as the sole supplier.
(2) The States may make
Regulations for the purpose of ensuring the continuous supply of lifeline
services, and such Regulations may make provision for all matters (including
the creation of offences, and penalties in relation to offences) as may be
necessary or expedient for that general purpose, and may in particular but
without derogation from that general purpose –
(a) specify
the circumstances in which conditions such as are mentioned in paragraph (1)
shall –
(i) be imposed, and
(ii) be
enforceable;
(b) prescribe
the matters to be contained in conditions imposed under paragraph (1);
(c) following
consultation with the Minister for Treasury and Resources, establish a scheme
for compensating, to a specified extent, any licensee subject to conditions
imposed under paragraph (1) and for guaranteeing specified liabilities of
such a licensee;
(d) provide
for penalties for breach of such conditions; and
(e) provide
for arbitration and for appeals in relation to matters arising under the
Regulations or otherwise in relation to such conditions.
part 7
PROVISIONS OF GENERAL APPLICATION
46 Acquisition of
land for purposes of Law
(1) The States may acquire
land by compulsory purchase if it appears to the Minister that any land should
be acquired on behalf of the Public of the Island of Jersey for the purpose of
facilitating the provision, conduct or management of port operations or
lifeline services.
(2) Where paragraph (1)
applies, the Minister shall be the acquiring authority for the purposes of the Compulsory Purchase of Land
(Procedure) (Jersey) Law 1961 (the “Compulsory
Purchase Law”).
(3) The power conferred by paragraph (1)
includes power –
(a) to
acquire any interest in land or other right in, on or over land by the creation
of a new interest, servitude or right;
(b) to
extinguish or modify an interest, servitude or other right in, on or over land.
(4) Where compensation is
payable to any person in respect of a compulsory purchase of land under this
Article, any increase in value of the land which, in the opinion of the Board
of Arbitrators, is attributable to the expenditure of public money shall be set
off against the value of the land used to assess the compensation.
(5) Paragraph (4)
shall apply in addition to and not in derogation from the rules in Article 10
of the Compulsory Purchase Law, and in that paragraph “Board of
Arbitrators” means the Board established under Article 8 of that
Law.
(6) The States shall have,
in addition to the power conferred by Article 21 of the Compulsory
Purchase Law to sell any land acquired by compulsory purchase, the power to
transfer any interest in land so acquired under this Article to a licensee for
a purpose mentioned in paragraph (1).
47 Extinguishment of highways
(1) On
the transfer date any roads (including parts of roads) which may be identified
for this purpose with greater particularity in Regulations made under Part 5
shall be extinguished as though an order to the same effect had been made in
respect of each such road by the Royal Court under Article 3 of the Extinguishment of Roads (Jersey) Law 1972.
(2) Where
a road is extinguished by virtue of paragraph (1), the land which by
reason of that extinguishment ceases to be a road shall be at the disposal of
the transferee company.
(3) The
provisions of Schedule 2 to the Extinguishment of Roads (Jersey) Law 1972 shall apply where –
(a) a
road is extinguished under paragraph (1); and
(b) immediately
before it is so extinguished, there is below, on or above the road any
apparatus belonging to or used by any statutory undertakers for the purpose of
their undertaking,
as though for the words
“the applicant authority” in each place in which they occur in that
Schedule there were substituted the words “the transferee company”.
(4) In
this Article, “transfer date” and “transferee company”
have the same meanings as in Part 5.
(5) In
this Article and in Article 48, “road” has the meaning given
by Article 1 of the Roads Administration (Jersey) Law 1960.
48 Roads and
apparatus on roads
(1) A licensed port
operator may break up or open any road –
(a) to
the extent that its licence specifies, and subject to any conditions in the
licence; and
(b) for
the purpose only of carrying out works to install, maintain, remove or operate
any apparatus (being or forming part of an aid to navigation or communication
equipment) below, on, or above the road.
(2) This Article shall not
affect the application of the Highways (Jersey)
Law 1956, the Road Works and Events
(Jersey) Law 2016 or the Planning and Building
(Jersey) Law 2002 nor relieve a person of the duty to comply with
those Laws or with any relevant requirement of the Island Plan.[3]
49 Prohibition on
disclosure
(1) A person shall not
disclose any information –
(a) with
respect to a person (during the person’s lifetime) or a business (so long
as the business continues); and
(b) relating
to the private affairs of the person or business,
which is obtained in the course of the exercise of a function under
this Law.
(2) The prohibition in paragraph (1)
shall not apply where the disclosure is made –
(a) with
the consent of the person or business concerned;
(b) for
the purpose of facilitating the discharge by the Minister of functions under
this Law;
(c) to
enable a port operator to comply with the terms of its licence;
(d) in
connection with the investigation of any criminal offence or for the purposes
of criminal proceedings or generally in the interests of preventing or
detecting crime in Jersey or elsewhere;
(e) in
connection with the discharge of an international obligation;
(f) to
assist an authority of another country or territory to carry out a function
which appears to the JCRA to correspond with one of the JCRA’s functions
under this Law;
(g) for
the purposes of civil proceedings arising under this Law;
(h) to
comply with a direction of the Court;
(i) to
enable or assist the Minister or the Jersey Financial Services Commission
established under the Financial Services Commission
(Jersey) Law 1998 to exercise powers conferred by or under any
enactment and relating to companies or financial services of any kind;
(j) to
enable or assist an inspector appointed under the Companies (Jersey)
Law 1991 to carry out any functions of an inspector as such under that Law
or any other enactment;
(k) to
enable or assist the Viscount to carry out any functions under the Bankruptcy (Désastre)
(Jersey) Law 1990;
(l) to
facilitate the carrying out by any person of functions under the Health and Safety at Work
(Jersey) Law 1989;
(m) for such
other purposes as the States may prescribe by Regulations, and such Regulations
may amend, or modify the application of, sub-paragraphs (a) to (l).
50 Limitation of
civil liability
(1) This Article applies to
the following persons and bodies –
(a) the
States;
(b) the
Minister and the Chief Minister;
(c) any
person who –
(i) is, or is acting
as, an officer, employee, or agent in an administration of the States for which
either of those Ministers is assigned responsibility, or
(ii) is
performing any duty or exercising any power on behalf of either of those
Ministers.
(2) A person to whom this
Article applies shall not be liable in damages for any act done in the
discharge or purported discharge of any function under this Law or under an
enactment made under this Law.
(3) Paragraph (2) does
not apply –
(a) if it
is shown that the act was done in bad faith; or
(b) so as
to prevent an award of damages made in respect of an act on the ground that the
act was unlawful as a result of Article 7(1) of the Human Rights (Jersey)
Law 2000.
(4) For the purposes of
this Article and the avoidance of doubt, “damages” includes any
compensation in respect of a change in the value of a licence or the value of
any right arising under this Law, resulting from the modification of a
condition in a licence, the revocation of a licence or otherwise directly or indirectly
from the exercise of a function under Part 3.
51 Liability of
directors and officers
(1) Where an offence
committed by an entity listed in paragraph (2) is proved to have been
committed with the consent or connivance of any person specified in the case of
that entity in paragraph (3), that person shall also be guilty of the
offence and liable in the same manner as the entity to the penalty provided for
that offence.
(2) The entities mentioned
in paragraph (1) are –
(a) a
limited liability partnership;
(b) a
separate limited partnership;
(c) an
incorporated limited partnership or other body corporate.
(3) The persons to whom
liability for an offence may attach in accordance with paragraph (1) are –
(a) in
the case of a limited liability partnership, a person who is a partner of the
partnership;
(b) in
the case of a separate limited partnership or an incorporated limited
partnership –
(i) a general
partner, or
(ii) a
limited partner who is participating in the management of the partnership;
(c) in the
case of a body corporate other than an incorporated limited partnership, a
director, manager, secretary or other similar officer of the body corporate; or
(d) any
person purporting to act in any capacity described in sub-paragraphs (a)
to (c).
(4) Where the affairs of a
body corporate are managed by its members, paragraphs (1) to (3) shall
apply in relation to acts and defaults of a member in connection with the
member’s functions of management as if the member were a director of the
body corporate.
(5) In this Article,
reference to an offence is to an offence under this Law or any Regulations made
under it.
52 Service of
directions, notices, etc.
(1) A direction authorized
by or under this Law to be given to the JCRA shall not be regarded as given
until it is in fact received by the JCRA.
(2) Such a direction may be
given by electronic transmission or any other means by which the JCRA may
obtain or recreate the direction in legible form.
(3) A notice or direction
authorized or required under this Law or an enactment made under this Law to be
given or served on any person other than the JCRA shall be given or served –
(a) by
post to the person at the person’s proper address;
(b) by
leaving it addressed to the person at that address;
(c) by
otherwise delivering it to the person, including by electronic transmission or
any other means by which the person may obtain or recreate it in legible form.
(4) For the purposes of paragraph (3)
and of Article 7 of the Interpretation (Jersey)
Law 1954, the proper address of any person shall be the person’s last
known address, except that –
(a) in
the case of a company, the proper address shall be that of the registered or
principal office of the company in Jersey; and
(b) in
the case of a partnership, company incorporated outside Jersey, or
unincorporated association, the proper address shall be that of –
(i) a principal
person in relation to that body,
(ii) any
officer or person who purports to act in such a capacity or who has control or
management of the business of that body, or
(iii) the
body’s principal office in Jersey.
53 Orders and
Regulations
(1) The Minister may by
Order make provision in respect of any matter that may be prescribed under this
Law.
(2) The States may by
Regulations make further provision for the purpose of carrying this Law into
effect, and (without derogation from that general power) in particular for or
in respect of any matter that may be prescribed under this Law by Regulations.
(3) An Order or Regulations
made under this Law may contain such further transitional, consequential,
incidental or supplementary provisions as appear to the Minister or the States,
as the case may be, to be necessary or expedient.
(4) Regulations made under
this Law may create an offence punishable by a fine not exceeding level 3
on the standard scale.[4]
54 Consequential
provisions
The States may by Regulations amend or modify any enactment in consequence
of the provisions of this Law, regardless of whether that enactment –
(a) came into force before
or after this Law; or
(b) has already been
amended by this Law.
55 Citation
This Law may be cited as the Air and Sea Ports (Incorporation)
(Jersey) Law 2015.