Jersey Law 13/1972
EXTINGUISHMENT OF ROADS (JERSEY) LAW, 1972.
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A LAW to
authorize the extinguishment of roads and to provide
for matters incidental thereto, sanctioned by Order of the
22nd day of MARCH, 1972,
of the Counsellors of States on behalf of Her Majesty.
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(Registered on the 26th day of
May, 1972).
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STATES OF JERSEY.
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The 23rd day of
November, 1971.
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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 –
“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 paragraph (2) of Article 2 of this Law, the Island
Development Committee;
“enactment” includes any enactment of the Parliament of
the United Kingdom in so far as that enactment has effect in the Island;
“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”;
“the 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;
“telegraphic line” has the same meaning as in section
two of the Telegraph Act, 1878 (of the United Kingdom).
(2) References
in this Law to any other enactment shall be construed as references to that
enactment as amended by any subsequent enactment.
ARTICLE 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 Island Development Committee represents to a highway authority that the extinguishment of any road under the administration of the
highway authority is necessary or desirable in connexion
with the proper development of any part of the Island, the highway authority
may make application to the Royal Court for the necessary order or may instead
require the Island Development Committee to make the necessary application.
(3) For
the avoidance of doubt, it is hereby declared that an application made under
this Article may relate to two or more roads which are connected with each
other.
ARTICLE 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
Island Development Committee, any person on whom a notice is required to be
served under the First Schedule to this Law, 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.
(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; or
(b) it is in the public
interest that the road should be extinguished; or
(c) it is necessary or
desirable in connexion with the proper development of
any part of the Island that the road should be extinguished.
the Court 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, 1956,3 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 paragraph (2) of Article 2 of this Law 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, out of the General
Revenues of the States.
(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 the First
Schedule to this Law.
ARTICLE 4
APPARATUS OF STATUTORY UNDERTAKERS
The provisions of the Second Schedule to this Law shall apply
where, in pursuance of an order made by the Royal Court under Article 3 of this
Law, 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.
ARTICLE 5
SAVING FOR THE POST OFFICE
(1) Where
in pursuance of an order made by the Royal Court under Article 3 of this Law, a
road is extinguished, the following provisions of this Article shall have
effect in relation to so much or any telegraphic line belonging to or used by
the Post Office as is under, in, upon, over, along or across the land which by
reason of the extinguishment ceases to be a road
(hereinafter in this Article referred to as “the affected line”)
that is to say –
(a) the power of the Post
Office to remove the affected line shall be exercisable notwithstanding the
making of the order, so however that the said power shall not be exercisable,
as respects the whole or any part of the affected line, after the expiration of
a period of three months from the date of the sending of the notice referred to
in paragraph (2) of this Article, unless before the expiration of that period
the Post Office has given notice to the applicant authority of its intention to
remove the affected line or that part thereof, as the case may be;
(b) The Post Office may by
notice in that behalf to the said authority abandon the affected line or any
part thereof and shall be deemed, as respects the affected line or any part
thereof, to have abandon it at the expiration of the said period of three
months unless before the expiration of that period the Post Office has removed
it or has given notice of its intention to remove it;
(c) the Post Office shall
be entitled to recover from the said authority the expense of providing, in
substitution for the affected line and any telegraphic line connected therewith
which is rendered useless in consequence of the removal or abandonment of the
affected line, a telegraphic line in such other place as it may require;
(d) where under
sub-paragraph (b) of this paragraph,
the Post Office has abandoned the whole or any part of the affected line, it
shall vest in the said authority and the provisions of the Telegraph Acts, 1863
to 1916 (of the United Kingdom) shall not apply in relation to it as respects
anything done or omitted after the abandonment thereof.
(2) As
soon as practicable after the making of an order under Article 3 of this Law,
the applicant authority shall serve a notice on the Post Office informing it of
the making of the order.
ARTICLE 6
OWNERSHIP AND SALE OF LAND FORMERLY USED AS A ROAD
(1) Where
by virtue of an order made under Article 3 of this Law, 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) of this Article, or any part thereof, to such
persons and for such considerations as they may think fit.
ARTICLE 7
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, or, in the case of the Post Office, on the Post
Office.
(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; or
(b) by leaving it at his
proper address; or
(c) by registered post; or
(d) by the recorded
delivery service.
(3) For
the purposes of this Article, and of Article 12 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, in the case of the Post Office, be its
principal local telecommunications office for Jersey 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, his proper address for the purposes
aforesaid shall be the address furnished.
(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.
ARTICLE 8
REPEAL
Article 14 of the “Loi (1914) sur la Voirie” is hereby
repealed.
ARTICLE 9
SHORT TITLE
This Law may be cited as the Extinguishment
of Roads (Jersey) Law, 1972.
SCHEDULES
FIRST SCHEDULE
(Article 3)
NOTICES TO BE GIVEN BY APPLICANT FOR ORDER
1. At
least twenty-eight days before the day on which an application for an order
under Article 3 of this Law 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 and the terms of the
order applied for (embodying a plan showing what will be the effect thereof) to
–
(a) the Island Development
Committee;
(b) the appropriate highway
authority where the applicant authority is the Island Development Committee;
(c) the owners and
occupiers of all lands adjoining the road;
(d) any statutory
undertakers having apparatus below, on or above the road;
(e) 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 fourteen 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 three occasions in the fourteen 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).
SECOND SCHEDULE
(Article 4)
APPARATUS OF STATUTORY UNDERTAKERS
1. Where
a road is extinguished in pursuance of an order made under Article 3 of this
Law, 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 of this
Law, 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 connexion 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 of this Schedule shall be reduced by the amount of that excess.
5. For
the purposes of paragraph 4 of this Schedule –
(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 seven-and-a-half 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.
E.J.M. POTTER
Greffier of the States.