Telecommunications
(Amendment) (Jersey) Law 2006
A LAW to amend the Telecommunications
(Jersey) Law 2002.
Adopted by the
States 31st January 2006
Sanctioned by
Order of Her Majesty in Council 7th June 2006
Registered by the
Royal Court 23rd
June 2006
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Interpretation
In this Law “principal Law”
means the Telecommunications (Jersey) Law 2002.[1]
2 Article
8 amended
In Article 8 of the principal Law –
(a) in
paragraph (6) for the words “cause a copy of that notification to be
published in the Jersey Gazette or in such other manner as the States by
Regulations prescribe.” there shall be substituted the words “take
reasonable steps to bring the purport of that notification to the attention of
the public.”;
(b) after
paragraph (8) there shall be inserted the following paragraph –
“(9) The requirement in paragraph
(6) shall be taken to have been satisfied by the publication in the Jersey
Gazette of the notification, but this is not the only way in which that
requirement may be satisfied.”.
3 Article
10 amended
After Article 10(2) of the principal Law there shall be inserted the
following paragraphs –
“(3) The inclusion (otherwise than
by virtue of Article 18) of any condition in a licence is taken, for the
purposes of this Part, to be part of the grant of the licence.
(4) Paragraph (3) is included only for the
avoidance of doubt.”.
4 Article
11 amended
In Article 11 of the principal Law –
(a) for
paragraph (6)(c) there shall be substituted the following sub-paragraph –
“(c) in every case (including the
case referred to in sub-paragraph (a) or (b)) – by taking
reasonable steps to bring the proposed exercise to the attention of the public,
coupled with making available for inspection full details of the proposed
exercise in such place as is specified in taking those steps.”;
(b) for
paragraph (7)(c) there shall be substituted the following sub-paragraph –
“(c) in a case where the exercise
relates to a licence, or approval, held or to be held by a person not named in
the licence or approval, by taking reasonable steps to bring the exercise to
the attention of the person, coupled with making available for inspection full
details of the exercise in such place as is specified in taking those steps.”;
(c) for
paragraph (8) there shall be substituted the following paragraph –
“(8) The Authority shall, on
demand, make a document, full text, or full details, referred to in this
Article available for inspection by members of the public at reasonable hours
and, on demand, supply copies of it, or them, to members of the public at
reasonable cost.”;
(d) after
paragraph (11) there shall be inserted the following paragraph –
“(12) The requirement in paragraph (6)(c)
(or (7)(c)) to take reasonable steps to bring the proposed exercise to the
attention of the public (or to bring the exercise to the attention of the
person) shall be taken to have been satisfied by the publication in the Jersey
Gazette of notice of the proposed exercise (or exercise), but this is not the
only way in which that requirement may be satisfied.”.
5 Article
13 substituted
For Article 13 of the principal Law there shall be substituted the
following Article –
“13 Delay
in implementation
(1) A person who lodges notice of an appeal in
accordance with this Part against the exercise of a specified regulatory
function may, if the exercise has not taken effect before the notice is lodged,
include in that notice application for an order for a delay in the exercise.
(2) If a notice of appeal includes such an
application, the exercise shall not take effect earlier than the seventh day
after the Court determines the application.
(3) The Court shall consider the application as
a matter of urgency.
(4) The Court may grant the application if it
considers that there are, prima facie, reasonable grounds for the appeal and
that the balance of convenience in the case lies in favour of ordering the
delay.
(5) The Court may order that the delay shall cease
to have effect at a time after the date of its order and specified (whether by
reference to the date when the Court determines the appeal or to any other
date, event or formula) in its order.
(6) If the Court’s determination is to
refuse the application, the exercise shall take effect on the later of the
following days –
(a) the seventh day after the determination;
(b) the date on which the exercise was to have
taken effect according to the notices given by the Authority about the
exercise,
unless the Court decides to
allow the appeal against the exercise before the later of those days.
(7) For the purposes of this Article, an appeal
against an exercise of a specified regulatory function, so far as it concerns
the imposition of any condition contained in an approval or licence (as
referred to in Article 12(1)(b) or (d)), amounts to an appeal against the grant
of the approval or licence.”.
6 Article
18(3)(a) substituted
For Article 18(3)(a) of the principal Law there shall be substituted
the following sub-paragraph –
“(a) may only be a condition that
a licence may contain by virtue of Article 16; and”.
7 Citation
and commencement
This Law may be cited as the Telecommunications (Amendment) (Jersey)
Law 2006 and shall come into force on the seventh day following its
registration.
M.N. DE LA HAYE
Greffier of the States