Jersey Law 20/1993

 

CUSTOMARY LAW (CHOSES PUBLIQUES) (JERSEY) LAW 1993

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A LAW     to amend the customary law of the Island to enable the granting of permits for the exclusive possession and use of certain areas of land to which the public of the Island has access and to amend the Highways (Jersey) Law 1956, sanctioned by Order of Her Majesty in Council of the

 

23rd day of JUNE 1993

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(Registered on the 2nd day of July 1993)

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STATES OF JERSEY

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The 16th day of March 1993

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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 –

“by-road” has the same meaning as “chemin vicinal” in the “Loi (1914) sur la Voirie1”;

“chose publique” means any area of land over which the public has, under the customary law of the Island, the right to pass and repass without let or hindrance, whether on foot or with animals or vehicles, including any highway, but excluding any park or sea beach;

“police officer” means a member of the Honorary Police or the States of Jersey Police Force.

(2)           References in this Law to any enactment are references to that enactment as amended from time to time.

ARTICLE 2

Permits to occupy “choses publiques”

(1)           Subject to the provisions of this Law, and notwithstanding any rule of customary law to the contrary, the Connétable of the parish in which a “chose publique” is situated may –

(a)     in relation to a “chose publique” which is a by-road;

(b)     in relation to a “chose publique”, which is under the administration of the Public Services Committee, with the consent of that Committee,

grant to any person a permit authorizing that person to have the exclusive occupation of any land comprising that “chose publique” or a part thereof, during the hours mentioned and for the purposes described in the permit and subject to any conditions imposed therein.

(2)           A permit under this Article shall, unless an earlier date is specified therein, expire on the thirty-first day of December next following the date of its grant but may be withdrawn by the Connétable who granted it –

(a)     at any time, by giving thirty days’ written notice accordingly to the holder of the permit;

(b)     without notice, if, in the opinion of the Connétable, an emergency has arisen, or is likely to arise, which requires the immediate withdrawal of the permit.

(3)           A permit under this Article may be granted subject to such conditions as the Connétable may think fit to impose and to the payment of such reasonable fee as the Connétable may determine.

(4)           Any fee paid for the grant of a permit under this Article shall be applied towards the cost of maintenance of the by-roads of the parish concerned.

(5)           If any person contravenes or fails to comply with a condition imposed in a permit under this Article he shall be guilty of an offence and liable to a fine not exceeding five hundred pounds.

ARTICLE 3

Abridgment of public right of access, etc.

(1)           Subject to paragraph (2) of this Article and notwithstanding any rule of customary law to the contrary, at any time during which the holder of a permit granted under that Article is entitled under that permit to occupy the area of land to which the permit relates no person shall have the right to pass and repass over, whether on foot or with animals or vehicles or be on, that area of land unless he does so, or is there, with the consent, express or implied, of the holder of the permit.

(2)           Paragraph (1) of this Article does not apply to –

(a)     a police officer, an officer of the Impôts or an immigration officer, acting in the course of his duty;

(b)     a member of the fire, ambulance or other emergency service, acting in the course of his duty;

(c)     a person lawfully exercising any power conferred by any enactment or lawfully discharging any function or duty on behalf of a Committee of the States or a parochial authority; or

(d)     a vehicle or animal which is in the charge of any of the above-mentioned persons.

ARTICLE 4

Amendment of Highways (Jersey) Law 19562

The Highways (Jersey) Law 1956 shall be amended as set out in the Schedule to this Law.

ARTICLE 5

Short title and commencement

This Law may be cited as the Customary Law (Choses Publiques) (Jersey) Law 1993 and shall come into force on such day as the States may by Act appoint.

 

G.H.C. COPPOCK

 

Greffier of the States.

SCHEDULE

(Article 4)

AMENDMENT OF HIGHWAYS (JERSEY) LAW 1956

1.             In Article 2,3 after the words “this Law” insert the words “and the Customary Law (Choses Publiques) (Jersey) Law 1993,4”.

2.             In Article 4 –

(a)     in paragraph (1) for the word “The” substitute the words “Subject to paragraph (1A) of this Article, the”;

(b)     after paragraph (1) insert the following paragraph –

“(1A)    The highway authority shall not grant a licence under this Article authorizing the placing of anything below, on or above a highway or a part of a highway which is for the time being the subject of a permit granted under the Customary Law (Choses Publiques) (Jersey) Law 1993⁴ except on the application of the holder of the permit”.