Extinguishment of
Roads (Jersey) Law 1972[1]
A LAW to authorize the extinguishment
of roads and to provide for matters incidental thereto
Commencement
[see
endnotes]
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“apparatus”
includes apparatus within the meaning of the Telecommunications
(Jersey) Law 2002;
“applicant authority”,
in relation to any application or order under this Law, means the highway
authority making the application or on whose application the order is made or
where appropriate, in the case of an application under Article 2(2), the
Minister;
“by-road” has
the same meaning as “chemin vicinal” in the Loi
(1914) sur la Voirie;
“enactment”
includes any enactment of the Parliament of the United Kingdom in so far as
that enactment has effect in Jersey;
“highway authority”
and “road” have the same meanings as in the Roads
Administration (Jersey) Law 1960;
“main road”
has the same meaning as “grande route” in the Loi
(1914) sur la Voirie;
“Minister”
means the Minister for Infrastructure;
“Royal Court”
means the Superior Number of the Royal Court;
“statutory
undertakers” means persons authorized by any enactment to carry on any undertaking
for the supply of electricity, gas or water or a person running a public
telecommunication system under a licence under the Telecommunications
(Jersey) Law 2002;[2]
(2) References
in this Law to any other enactment shall be construed as references to that
enactment as amended by any subsequent enactment.
2 Application
to extinguish a road to be made to Royal Court
(1) Where
a highway authority considers that any road under its administration should be
extinguished because –
(a) it is
unnecessary; or
(b) it is
in the public interest that it should be extinguished,
the authority may apply to
the Royal Court for an order authorizing the extinguishment of the road.
(2) Where
the Minister represents to a highway authority that the extinguishment of any
road under the administration of the highway authority is necessary or
desirable in connection with the proper development of any part of Jersey, the
highway authority may make application to the Royal Court for the necessary order
or may instead require the Minister to make the necessary application.
(3) Before
deciding to apply for an order authorizing the extinguishment of a main road,
the applicant authority shall consult the Connétable of the parish in
which the road is situated and, before deciding to apply for an order
authorizing the extinguishment of a by-road, the applicant authority shall
consult the Minister.[3]
(4) For
the avoidance of doubt, it is declared that an application made under this Article
may relate to 2 or more roads which are connected with each other.
3 Consideration
of applications and making of orders by Royal Court
(1) On
the hearing by the Royal Court of an application under this Law, the applicant
authority, the highway authority in the case of an application made by the Minister,
the Connétable of the parish in which the road is situated in the case
of an application concerning a main road, the Minister in the case of an
application concerning a by-road, any person on whom a notice is required to be
served under Schedule 1, any person who normally uses the road and any
other person, who would be aggrieved by the making of the order applied for,
shall have a right to be heard.[4]
(2) Subject
to the following provisions of this Article, if the Royal Court is satisfied,
after a view if necessary, that –
(a) the
road which forms the subject of the application is unnecessary;
(b) it is
in the public interest that the road should be extinguished; or
(c) it is
necessary or desirable in connection with the proper development of any part of
Jersey that the road should be extinguished,
the Court shall order the
road to be extinguished.
(3) Where,
by virtue of a licence granted under Article 4 of the Highways
(Jersey) Law 1956, anything is authorized to be placed below,
on or above the road to which the application relates, the Royal Court may, on
the application of the applicant authority and notwithstanding anything in the said
Article 4, order the cancellation of the licence as from such date as the
Court may determine.
(4) An
order made under this Article may contain such incidental or consequential
provisions as appear to the Royal Court to be necessary, including in
particular –
(a) where
the Court orders the cancellation of a licence granted under Article 4 of
the Highways
(Jersey) Law 1956, provision for
requiring the payment of reasonable compensation to the holder of the licence;
and
(b) where
the order relates to a by-road and the application for the order is made in
circumstances to which Article 2(2) refers, provision for requiring the
payment of, or the making of contributions towards, the cost of doing any work
provided for by the order or of any increased expenditure to be incurred which
is attributable to the doing of any such work.[5]
(5) The
Royal Court shall not make an order under this Article unless it is satisfied
that the applicant authority has served the notices required by Schedule 1.
4 Apparatus
of statutory undertakers
The provisions of Schedule 2
shall apply where, in pursuance of an order made by the Royal Court under Article 3,
a road is extinguished and, immediately before the order is made, there is
below, on or above the road any apparatus belonging to or used by any statutory
undertakers for the purposes of their undertaking.
5 Ownership
and sale of land formerly used as a road
(1) Where
by virtue of an order made under Article 3, a road is extinguished, the
land which by reason of the extinguishment ceases to be a road
shall –
(a) in
the case of a main road, be at the disposal of the States;
(b) in
the case of a by-road, be at the disposal of the parish concerned.
(2) It
shall be lawful for the States or any parish to sell any land at their disposal
by virtue of paragraph (1), or any part thereof, to such persons and for
such considerations as they may think fit.
6 Service
of notices
(1) Any
notice required or authorized by or under this Law to be served on a person
being a corporation shall be duly served if it is served on the secretary or
clerk of the corporation.[6]
(2) Subject
to the provisions of this Article, any notice required or authorized by or
under this Law to be served on any person may be served either –
(a) by
delivering it to that person;
(b) by
leaving it at that person’s proper address;
(c) by
registered post; or
(d) by
the recorded delivery service.
(3) For
the purposes of this Article, and of Article 7 of the Interpretation
(Jersey) Law 1954, in its application to this Article, the
proper address of any person on whom such a notice as aforesaid is to be served
shall, in the case of the secretary or clerk of a corporation, be that of the
registered or principal office of the corporation, and, in any other case, be
the usual or last-known place of abode of the person on whom the notice is to
be served:
Provided that, where the person
on whom such a notice as aforesaid is to be served has furnished an address for
service in accordance with arrangements agreed to in that behalf, the person’s
proper address for the purposes aforesaid shall be the address furnished.[7]
(4) If
the name or the address of any owner, lessee or occupier of premises on whom
any such notice as aforesaid is to be served cannot after reasonable enquiry be
ascertained by the person seeking to serve the notice, the notice may be served
by addressing it to the person on whom it is to be served by the description of
“owner”, “lessee” or “occupier” of the
premises (describing them) to which the notice relates, and by delivering it to
some responsible person resident or appearing to be resident on the premises,
or, if there is no such person to whom it can be delivered, by affixing it, or
a copy of it, to some conspicuous part of the premises.
7 Citation
This Law may be cited as
the Extinguishment of Roads (Jersey) Law 1972.
SCHEDULE 1[8]
(Article 3)
NOTICES TO BE GIVEN BY
APPLICANT FOR ORDER
1. At
least 28 days before the day on which an application for an order under Article 3
is to be made in relation to a road, the applicant authority shall give notice
of its intention to apply for the order, specifying the time and place at which
the application is to be made, the terms of the order applied for (embodying a
plan showing what will be the effect thereof) and its reasons for considering
that the road in question is unnecessary or that it is in the public interest
that it should be extinguished to –
(a) the Minister;
(b) the
appropriate highway authority where the applicant authority is the Minister;
(c) the
Connétable of the parish in which the road is situated where the
application concerns a main road;
(d) the
Minister where the application concerns a by-road;
(e) the
owners and occupiers of all lands adjoining the road;
(f) any
statutory undertakers having apparatus below, on or above the road;
(g) any person
who is for the time being authorized to place anything below, on or above the
road by virtue of a licence granted under the Highways
(Jersey) Law 1956.
2. The
applicant authority shall also give notice of its intention to apply for an order –
(a) by
posting, and keeping posted throughout the 14 days preceding the date on which
the application is to be made, in prominent positions at each end of the road,
placard notices containing similar information; and
(b) by
publishing in the Jersey Gazette on at least 3 occasions in the 14 days
preceding the day on which the application is to be made, a notice containing
similar information (except that there may be substituted for the plan a
statement of a place where the plan may be inspected free of charge at all
reasonable hours).
SCHEDULE 2
(Article 4)
APPARATUS OF STATUTORY
UNDERTAKERS
1. Where
a road is extinguished in pursuance of an order made under Article 3, the
statutory undertakers whose apparatus is below, on or above the road shall,
subject to the provisions of this Schedule, have the same powers and rights in
respect of that apparatus as if the order authorizing the road to be
extinguished had not been made.
2. Where
a road is extinguished in pursuance of an order made under Article 3, the
statutory undertakers whose apparatus is below, on or above the road may, and
if reasonably requested so to do by the applicant authority shall –
(a) remove the apparatus and place it or other
apparatus provided in substitution for it in such other position as they may
reasonably determine and have power to place it; or
(b) provide
other apparatus in substitution for the existing apparatus and place it in such
position as aforesaid.
Any works executed under
this paragraph (including the provision of apparatus thereunder) are
hereafter in this Schedule referred to as “undertakers’
works”.
3. Subject
to the following provisions of this Schedule, the applicant authority shall pay
to the statutory undertakers an amount equal to the cost reasonably incurred by
them in or in connection with –
(a) the
execution of undertakers’ works required in consequence of the
extinguishment of the road; and
(b) the
doing of any other work or thing rendered necessary by the execution of
undertakers’ works.
4. If
in the course of the execution of undertakers’ works –
(a) apparatus
of better type, of greater dimensions or of greater capacity is placed in
substitution for existing apparatus of worse type, of smaller dimensions or of
smaller capacity; or
(b) apparatus
(whether existing apparatus or apparatus substituted for existing apparatus) is
placed at a depth greater than the depth at which the existing apparatus was
placed,
and the placing of
apparatus of that type, dimensions or capacity or the placing of apparatus at
that depth, as the case may be, is not agreed by the applicant authority, or in
default of agreement is not determined by arbitration, to be necessary, then,
if it involves cost in the execution of the undertakers’ works exceeding
that which would have been involved if the apparatus placed had been of the
existing type, dimensions or capacity, or at the existing depth, as the case
may be, the amount which apart from this paragraph would be payable to the
statutory undertakers by virtue of paragraph 3 shall be reduced by the amount
of that excess.
5. For
the purposes of paragraph 4 –
(a) an
extension of apparatus to a length greater than the length of existing
apparatus shall not be treated as a placing of apparatus of greater dimensions
than those of the existing apparatus;
(b) where
the provision of a joint in a cable is agreed, or is determined to be
necessary, the consequential provision of a jointing chamber or of a manhole shall
be treated as if it also had been agreed or had been so determined.
6. If
the execution of any undertakers’ works involves the placing of apparatus
in substitution for apparatus placed more than 7½ years earlier and, as
a result, a financial benefit is conferred on the statutory undertakers by
reason of the deferment of the time at which the original apparatus would have
been renewed in the ordinary course, the amount which, apart from this paragraph,
would be payable to the statutory undertakers, shall be reduced by the amount
which represents that benefit.
7. Any
question arising under this Schedule shall, in default of agreement between the
parties concerned, be determined by arbitration.