COMPETITION
REGULATORY AUTHORITY (JERSEY)
LAW 2001
____________
A LAW to constitute a body
corporate to be known as the Jersey Competition Regulatory Authority and for
matters ancillary thereto, sanctioned
by Order of Her Majesty in Council of the
14th day of MARCH 2001
____________
(Registered on the 30th day of March 2001)
____________
STATES OF JERSEY
____________
The
28th day of November 2000
____________
THE STATES, subject
to the sanction of Her Most Excellent Majesty in Council, have adopted the
following Law -
ARTICLE
1
Interpretation
(1) In this Law, unless the context otherwise requires -
“the Authority” means the Jersey
Competition Regulatory Authority established by Article 2;
“the Committee” means the
Industries Committee;
“financial year” means financial
year of the Authority, being the period beginning with the day on which Article
2 comes into force and ending with the thirty-first day of December in the
following year, and each subsequent period of twelve months ending with the
thirty-first day of December in each year;
“function”
includes power, authority and duty;
“member”
means member of the Authority.
(2) A reference in this Law to an Article by number only and without
further identification is a reference to the Article of that number in this
Law.
(3) A reference in an Article or other division of this Law to a
paragraph, sub-paragraph or clause by number or letter only and without further
identification is a reference to the paragraph, sub-paragraph or clause of that
number or letter in the Article or other division of this Law.
(4) A reference in this Law to an enactment is a reference to that
enactment as amended from time to time and includes a reference to that
enactment as extended or applied under another enactment, including another
provision of this Law.
ARTICLE
2
Establishment of Authority
(1) The Jersey Competition Regulatory Authority is established.
(2) The Authority shall be a body corporate with perpetual
succession and a common seal and may -
(a) sue and be sued in its corporate name;
(b) enter into contracts and acquire, hold and dispose of any
property; and
(c) so far as is possible for a body corporate, exercise the rights,
powers and privileges and incur the liabilities and obligations of a natural
person of full age and capacity.
(3) The application of the common seal of the Authority shall be
authenticated by the signature of a person authorized by the Authority to sign
on its behalf and every document bearing the imprint of the seal of the
Authority shall be deemed to be properly sealed unless the contrary is proved.
(4) Save as this Law provides to the contrary, the Authority shall
be independent of the Committee and of the States and neither the Committee nor
the States shall be liable for any act or omission or debt or other obligation
of the Authority.
(5) The Authority may regulate its own proceedings.
ARTICLE
3
Appointment of members
(1) The Authority shall consist of -
(a) one member appointed by the States, on the recommendation of the
Committee, as Chairman of the Authority; and
(b) two or more other members appointed by the Committee after it
has consulted the member that has been appointed as Chairman.
(2) A person is not disqualified from holding office as a member
because he is an officer, employee or agent of the Authority.
(3) The Committee shall notify the States of the appointments that
the Committee has made under this Article.
(4) The rights and obligations of the Authority, and the performance
of its functions, shall not be affected by any vacancy in its membership or any
defect in the appointment of a member.
ARTICLE
4
Terms of appointment of members
(1) A member shall hold and vacate office in
accordance with the terms of his appointment.
(2) A member shall be appointed for a period not exceeding five
years and upon expiry of such period shall be eligible for reappointment.
(3) A member may at any time resign his office by giving notice in
accordance with the terms of his appointment.
(4) The States may, on the recommendation of the Committee, revoke
the appointment of the member appointed as Chairman if the States are satisfied
that the member -
(a) has been absent from meetings of the Authority for a period
longer than six consecutive months without the permission of the Authority;
(b) has neglected the duties of a member or has engaged in
misconduct;
(c) is an undischarged bankrupt; or
(d) is incapacitated by physical or mental illness.
(5) The Committee may revoke the appointment of a member, other than
the member appointed as Chairman, if the Committee is satisfied that any of the
circumstances referred to in paragraph (4)(a) - (d) apply to the member.
ARTICLE
5
Remuneration of members
(1) The Authority shall pay to the members -
(a) such remuneration as the Committee determines; and
(b) if the Committee so determines, reasonable out-of-pocket or
other expenses occasioned in the course of carrying out their duties.
(2) The Authority shall also make for the members (or persons who
have been members) such provision (if any) for pensions, allowances or
gratuities, and payments when special circumstances arise, as the Committee
directs.
ARTICLE 6
Functions
(1) The Authority shall have such functions as
are conferred on it by or under this or any other Law or any other enactment.
(2) The Authority may recognize or establish, or assist or encourage
the establishment of, bodies that have expertise in, or represent persons
having interests in, any matter concerning competition, monopolies, utilities
or any matter connected with the provision of goods or services to which the
Authority’s functions relate.
(3) The functions of those bodies shall include one or more of the
following -
(a) the provision to the Authority of advice, information and
proposals in relation to any one or more of those matters;
(b) the representation of the views of any one or more of those
persons.
(4) The Authority may, on request by the Committee, provide the
Committee with reports, advice, assistance and information in relation to any
matter referred to in paragraph (2).
(5) The Authority shall have power to do anything that is calculated
to facilitate, or is incidental or conducive to, the performance of any of its
functions.
ARTICLE
7
Committees
(1) The Authority may establish committees whose members may, but
need not, be members, officers, employees, or agents, of the Authority.
(2) A committee of the Authority may itself establish sub-committees
whose members may, but need not, be members of the committee or members,
officers, employees, or agents, of the Authority.
ARTICLE
8
Staff
(1) The Authority may appoint such officers, employees and agents as
it considers necessary for the performance of its functions.
(2) The Authority may -
(a) make those appointments on such terms as to remuneration, the
payment of expenses, and other conditions of service, as it thinks fit; and
(b) establish and maintain such schemes or make such other
arrangements as it thinks fit for the payment of pensions and other benefits in
respect of its officers and employees.
ARTICLE
9
Delegation
(1) The Authority may delegate any of its functions under this or
any other enactment wholly or partly to -
(a) the Chairman;
(b) another member;
(c) an officer or employee of the Authority; or
(d) a committee whose member or members are drawn only from the
members, officers and employees of the Authority.
(2) Nothing in this Article shall authorize the Authority to
delegate -
(a) this power of delegation; or
(b) the function of reviewing any of its decisions.
(3) The delegation of any functions under this Article -
(a) shall not prevent the performance of those functions by the
Authority itself; and
(b) may be amended or revoked by the Authority.
ARTICLE
10
Committee may guide or direct Authority in certain
matters
(1) The Committee may, if it considers that it is desirable in the
public interest to do so, give to the Authority written guidance, or general
written directions, on matters relating to corporate governance, that is,
relating to the system and arrangements by and under which the Authority is
directed and controlled.
(2) Those matters may include matters relating to accountability,
efficiency, and economy of operation, of the Authority, but not matters
relating directly to the performance of the Authority’s licensing or regulatory
functions or its functions under Article 6(2) or (4).
(3) In particular, but without limiting paragraphs (1) and (2), the
guidance or directions may relate to conflicts of interest, the accounts of the
Authority and their audit, borrowing by the Authority and the investment of the
funds of the Authority.
(4) It shall be the duty of the Authority to have regard to any
guidance, and to act in accordance with any directions, given to it by the
Committee under this Article.
(5) The Committee shall not give guidance or directions under this
Article without first consulting the Authority.
ARTICLE
11
Public Finances (Administration) (Jersey)
Law 1967
For the avoidance of doubt it is
hereby declared that for the purposes of Article 8 of the Public Finances
(Administration) (Jersey) Law 1967,
none of the monies received by the Authority is received on behalf of the
States and the Authority is not an establishment under the supervision or
administration of the States.
ARTICLE
12
Fees and charges
The Authority may charge, retain
and apply in the performance of its functions -
(a) fees and charges of such amounts, paid by such persons, and paid
in such manner, as may be specified by or under this or any other enactment;
(b) fees for the performance of its function under Article 6(4);
(c) such fees and charges (not inconsistent with this or any other
enactment) of such amounts, paid by such persons, and paid in such manner, as
may be decided by the Authority in respect of any service, item, or matter,
that does not arise under this or any other enactment; and
(d) such fees and charges (not inconsistent with this or any other
enactment) as may be agreed between the Authority and any person for whom the
Authority provides advice, assistance or other services under this or any other
enactment, in respect of the advice, assistance or other services.
ARTICLE
13
Grants to Authority
(1) The States may make a grant to the Authority from their annual
income towards the expenses of the formation of the Authority and its initial
expenses.
(2) In respect of each financial year, the States may make a grant
to the Authority from their annual income towards the Authority’s expenses in
performing any of its functions.
(3) The amount of any grant referred to in paragraph (1) or (2)
shall be determined by the Finance and Economics Committee on the
recommendation of the Industries Committee made after consultation with the
Authority.
(4) In determining that amount, the Finance and Economics Committee
shall have regard to the actual financial position and the projected financial
position of the Authority.
(5) In making that recommendation, the Industries Committee shall
have regard to the actual financial position and the projected financial position
of the Authority.
ARTICLE
14
Consent to borrowing
(1) The Authority shall not borrow money
without the consent of the Industries Committee.
(2) The Finance and Economics Committee may, on such terms as it may
determine, on behalf of the States -
(a) guarantee the liabilities of the Authority; or
(b) lend money to the Authority.
(3) The Finance and Economics Committee may act under paragraph (2)
only on the recommendation of the Industries Committee.
ARTICLE
15
Guidelines on investment
The
Authority shall, in investing any of its funds, comply with any guidelines
specified by the Committee.
ARTICLE
16
Exemption from income tax
The income of the Authority
shall not be liable to income tax under the Income Tax (Jersey)
Law 1961.
ARTICLE
17
Accounts and audit
(1) The Authority shall -
(a) keep proper accounts and proper records in relation to the
accounts; and
(b) prepare accounts in respect of each financial year and provide
these to the Committee as soon as practicable after the end of the financial
year to which they relate, but in no case later than four months after the end
of that year.
(2) The Committee shall lay a copy of the accounts so provided
before the States as soon as practicable after the Committee receives the report.
(3) The accounts of the Authority shall -
(a) be audited by auditors appointed in respect of each financial
year by the Finance and Economics Committee; and
(b) be prepared in accordance with generally accepted accounting
principles and show a true and fair view of the profit or loss of the Authority
for the period to which they relate and of the state of the Authority’s affairs
at the end of the period.
(4) Article 113 of the Companies (Jersey) Law 1991
shall apply to an auditor and his appointment referred to in this Article as if
the Authority were a company within the meaning of the first-mentioned Article
and the appointment were under Article 109 of that Law.
ARTICLE 18
Annual report
(1) The Authority shall prepare a report on
its activities in each of its financial years.
(2) The Authority shall provide the
Committee with the report as soon as practicable after the end of the financial
year to which the report relates, but in no case later than four months after
the end of that year.
(3) The Committee shall lay a copy of the report so provided before
the States as soon as practicable after the Committee receives the report.
ARTICLE
19
Limitation of liability
(1) A person or body to whom this Article applies shall not be
liable in damages for anything done or omitted in the performance or purported
performance of any functions of the Authority conferred by or under this Law or
any other enactment, or any other functions conferred by or under this Law,
unless it is shown that the act or omission was in bad faith.
(2) This Article applies to the following -
(a) the States;
(b) the Committee, any member of the Committee, or any person who
is, or is acting as, an officer, employee or agent of the Committee or
performing any function on behalf of the Committee;
(c) the Authority, any member of the Authority, or any person who
is, or is acting as, an officer, employee or agent of the Authority or
performing any function on behalf of the Authority.
ARTICLE
20
Orders
(1) The Committee may by Order make provision for the purpose of
carrying this Law into effect.
(2) An Order made under this Law may -
(a) make different provision in relation to different cases or
circumstances; and
(b) contain such transitional, consequential, incidental or
supplementary provisions as appear to the Committee to be necessary or
expedient for the purposes of the Order.
(3) The Subordinate Legislation (Jersey)
Law 1960
shall apply to Orders made under this Law.
ARTICLE
21
Citation and commencement
This Law may be cited as the
Competition Regulatory Authority (Jersey) Law
2001 and shall come into force on such day as the States may by Act appoint and
different days may be appointed for different purposes or different provisions of
this Law.
M.N.
DE LA HAYE
Deputy Greffier of the States.