Jersey Law 15/1974

EXTINGUISHMENT OF ROADS (AMENDMENT) (JERSEY) LAW, 1974.

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A LAW     to amend the Extinguishment of Roads (Jersey) Law, 1972, sanctioned by Order of Her Majesty in Council of the

25th day of JULY, 1974.

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(Registered on the 23rd day of August, 1974).

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STATES OF JERSEY.

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The 26th day of March, 1974.

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THE STATES, subject to the sanction of Her Most Excellent Majesty in Council have adopted the following Law:  -

ARTICLE 1

In paragraph (1) of Article 1 of the Extinguishment of Roads (Jersey) Law, 19721 (hereinafter referred to as “the Law”) after the definition of “applicant authority” there shall be inserted the following definition –

“ ‘by-road’ has the same meaning as ‘chemin vicinal’ in the ‘Loi (1914) sur la Voirie’;”.

ARTICLE 2

(1)           In Article 2 of the Law2 after paragraph (2) there shall be inserted the following paragraph –

“(2A)    Before deciding to apply for an order authorizing the extinguishment of a main road, the applicant authority shall consult the Constable 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 Public Works Committee.”

(2)           In paragraph (1) of Article 3 of the Law3 after the word “Committee” there shall be inserted the following words –

“, the Constable of the parish in which the road is situated in the case of an application concerning a main road, the Public Works Committee in the case of an application concerning a by-road,”

(3)           In paragraph (1) of the First Schedule to the Law –4

(a)     for the words “and the terms of the order applied for (embodying a plan showing what will be the effect thereof)” there shall be substituted the following words –

“, 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”;

(b)     after sub-paragraph (b) there shall be inserted the following sub-paragraphs –

“(bb)   the Constable of the parish in which the road is situated where the application concerns a main road;

(bc)      the Public Works Committee where the application concerns a by-road;”

ARTICLE 3

This Law may be cited as the Extinguishment of Roads (Amendment) (Jersey) Law, 1974.

R.S. GRAY

Deputy Greffier of the States.