Jersey Law 24/1972
TELECOMMUNICATIONS (JERSEY) LAW, 1972,
SANCTIONED BY
Order of Her
Majesty in Council
dated 14th
August,1972.
____________
(Registered on 29th
September, 1972).
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ARRANGEMENT OF
ARTICLES.
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Article
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PART I
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INTRODUCTORY
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1.
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Interpretation
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PART II
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EXCLUSIVE PRIVILEGE OF
THE STATES WITH RESPECT TO TELECOMMUNICATION
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2.
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Exclusive privilege of
the States with respect to telecommunication
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3.
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General classes of
acts not infringing the telecommunication privilege
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4.
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Acts relating to
broadcasting not infringing the telecommunication privilege
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5.
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Saving for things done
under licence
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PART III
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POWERS OF THE BOARD
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6.
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General powers of the
Board
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7.
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Exclusion of liability
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PART IV
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PROVISIONS AS TO WORKS
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8.
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Powers of the Board
with respect to works
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9.
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Consent to placing of
works
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10.
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Removal of work interfering
with development of land ………
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11.
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Lopping of trees which obstruct a telegraphic line
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PART V
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CHARGES AND OTHER
TERMS AND CONDITIONS APPLICABLE TO SERVICES
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12.
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Charges and other terms and
conditions applicable to services
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PART VI
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OFFENCES
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13.
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Compensation and fine for
injury to telegraphic line and for interruption of telegraphic communication
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14.
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Penalty for obstruction
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15.
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Obstruction or molestation of officer
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16.
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Prohibition of placing
injurious substances in or against telephone kiosks
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17.
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Prohibition of affixing things
on telephone kiosks, telegraph posts or other property
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18.
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Willful damage
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19.
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Offences in relation to telegraphic messages
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20.
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Penalization of improper use
of telecommunication services ....
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21.
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Fraudulent use of public telephone or telex system
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PART VII
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MISCELLANEOUS AND
GENERAL
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22.
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Entry on land
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23.
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Service of notices ……………………………………………...
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24.
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Orders
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25.
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Adaptation of enactments
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26.
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Citation and commencement
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SCHEDULE—Amendment of enactments
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TELECOMMUNICATIONS (JERSEY) LAW, 1972.
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A LAW to
provide for the vesting in the States of Jersey of the exclusive privilege with
respect to telecommunication within the Bailiwick, to make better provision for
the administration of telecommunication services within the Bailiwick and for
purposes connected therewith, sanctioned by Order of Her Majesty in Council of
the
14th day of August, 1972.
____________
(Registered on the 29th day of
September, 1972).
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STATES OF JERSEY.
____________
The 27th day of June,
1972.
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THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law: -
PART I
INTRODUCTORY
ARTICLE 1
INTERPRETATION
(1) In
this Law, unless the context otherwise requires –
“the Board” means the Telecommunications Board;
“enactment” includes any enactment of the Parliament of
the United Kingdom and any instrument made under any such enactment;
“foreign telecommunications administration” means the
telecommunications administration of any country or postal area outside the
Bailiwick;
“highway authority” and “road” have the
same meanings as in the Roads Administration (Jersey) Law, 1960;
“hovercraft” means a vehicle which is designed to be
supported when in motion wholly or partly by air expelled from the vehicle to
form a cushion of which the boundaries include the ground, water or other
surface beneath the vehicle;
“land” means land, not being a road and not being land
by the side and forming part of a road, and includes land laid out for and
proposed by the owner to be converted into a road and shall include any term,
estate, easement, interest, right or privilege in, over, or affecting, land;
“post” means a post, pole, standard, stay, strut or
other above-ground contrivance for carrying, suspending or supporting a telegraph;
“prescribe” means prescribe by order;
“telegram” means any message or other communication
transmitted or intended for transmission by a telegraph;
“telegraph” means a wire or wires used for the purpose
of telegraphic communication, with any casing, coating, tube or pipe enclosing
the same, and any apparatus connected therewith for the purpose of telegraphic
communication and shall mean and include any apparatus for transmitting
messages or other communications by means of electric signals;
“telegraphic line” means telegraphs, posts and any work
and also any cable, apparatus, pneumatic or other tube, pipe or thing
whatsoever used for the purpose of transmitting telegraphic messages or
maintaining telegraphic communication, and includes any portion of a
telegraphic line;
(2) For
the purposes of this Law –
(a) expressions referring
to the construction and maintenance of a telegraphic line along a road, mean
the placing and maintaining of a telegraphic line over, along or across a road,
and the placing and maintaining of posts in or upon a road;
(b) expressions referring
to the refusal or failure to give a consent shall include a reference to a
withdrawal of a consent, and to the attaching of any terms, conditions or
stipulations to which the Board objects.
(3) Any
reference in this Law to data processing shall be construed as including a
reference to the storage and retrieval of information.
(4) References
in this Law to any other enactment shall, unless the context otherwise
requires, be construed as references to that enactment as amended and as
extended or applied by or under any other enactment, and as including
references to any enactment repealing and re-enacting that enactment with or
without further amendment.
PART II
EXCLUSIVE PRIVILEGE OF THE STATES
WITH RESPECT TO TELECOMMUNICATION
ARTICLE 2
EXCLUSIVE PRIVILEGE OF THE STATES WITH RESPECT TO TELECOMMUNICATION
(1) Subject
to the provisions of this Law, as from the appointed day the States shall have
throughout the Bailiwick the exclusive privilege of running systems for the
conveyance, through the agency of electric, magnetic, electro-magnetic,
electro-chemical or electro-mechanical energy of –
(a) speech, music and other
sounds;
(b) visual images;
(c) signals serving for the
impartation, whether as between persons and persons, things and things or
persons and things, of any matter otherwise than in the form of sound or visual
images; and
(d) signals serving for the
actuation or control of machinery or apparatus.
(2) In
the case of an infringement in relation to a system not extending beyond the
Bailiwick of the privilege conferred by paragraph (1) of this Article, the
person running the system or, if different people run different parts of it,
each such person shall be guilty of an offence and shall be liable on
conviction to a fine or to imprisonment for a term not exceeding two years or
to both such fine and such imprisonment and, in the case of an infringement in
relation to a system extending beyond the Bailiwick of that privilege, the person
running the portion of the system within the Bailiwick or, if different persons
run different parts of it, each such person shall be guilty of an offence and
similarly liable.
(3) Where
a body corporate is guilty of an offence under this Article and that offence is
proved to have been committed with the consent or connivance of, or to be
attributable to any neglect on the part of, any director, manager, secretary or
other similar officer of the body corporate or any person who was purporting to
act in any such capacity, he, as well as the body corporate, shall be guilty of
that offence.
(4) In
any proceedings in respect of an offence under this Article consisting in the
running of a system in the case of which, at the time of the commission of the
offence, different parts were run by different persons, it shall be a defence
for the defendant to prove that a part of the system had been included without
his knowledge and that, had it not been, the running of the system would not
have constituted an infringement of the privilege conferred by paragraph (1) of
this Article.
ARTICLE 3
GENERAL CLASSES OF ACTS NOT INFRINGING THE TELECOMMUNICATION
PRIVILEGE
(1) The
privilege conferred by paragraph (1) of Article 2 of this Law is not infringed
by –
(a) the running of a system
in the case of which the only agency involved in the conveyance of things
thereby conveyed is light and the things thereby conveyed are so conveyed as to
be capable of being received or perceived by the eye and without more;
(b) the running by a person
of a system in the case of which all the apparatus comprised therein is situate
either –
(i) on
a single set of premises occupied by him; or
(ii) in
a vehicle, vessel, aircraft or hovercraft or in two or more vehicles, vessels,
aircraft or hovercraft mechanically coupled together; or
(c) the running by a single
individual of a system in the case of which –
(i) all
the apparatus comprised therein is under his control; and
(ii) everything
conveyed by it that falls within sub-paragraphs (a) to (d) of the said
paragraph (1) is conveyed solely for domestic purposes of that individual.
(2) In
the case of a business carried on by a person, the said privilege is not
infringed by the running, for the purposes of that business, of a system with
respect to which –
(a) in a case in which all
the apparatus therein comprised is situate within the Bailiwick no person
except him or the Board is concerned in the control of the apparatus;
(b) in any other case, no
person except him or the Board is concerned in the control of so much of the
apparatus as is so situate:
Provided that –
(i) nothing
falling within sub-paragraphs (a) to
(d) of paragraph (1) of Article 2 of
this Law is conveyed by the system by way of rendering a service to another;
(ii) in
so far as sounds or visual images are conveyed by the system, they are not
conveyed for the purpose of their being heard or seen by persons other than the
person carrying on that business or any of his servants engaged in the conduct
thereof;
(iii) in so
far as such signals as are mentioned in sub-paragraph (c) of the said paragraph (1) are conveyed by the system, they are
not conveyed for the purpose of imparting matter otherwise than to the person
carrying on that business, any of his servants engaged in the conduct thereof
or things used in the course of that business and controlled by him; and
(iv) in so
far as such signals as are mentioned in sub-paragraph (d) of the said paragraph (1) are conveyed by the system, they are
not conveyed for the purpose of actuating or controlling machinery or apparatus
used otherwise than in the course of that business.
(3) In
the case of a system in the case of which all the apparatus therein comprised
is let on hire by the Board, the said privilege is not infringed by the running
of the system by the person to whom the apparatus is let on hire and, in the
case of a system in the case of which part of the apparatus comprised therein
consists of apparatus let on hire by the Board to a person, the said privilege
is not infringed by the running by him of so much of the system as comprises
the last-mentioned apparatus.
(4) In
this Article, “business” includes a trade, profession or employment
and includes any activity carried on by a body of persons, whether corporate or
unincorporated, and “vessel” means a vessel of any description used
in navigation.
ARTICLE 4
ACTS RELATING TO BROADCASTING NOT INFRINGING THE TELECOMMUNICATION
PRIVILEGE
(1) The
privilege conferred by paragraph (1) of Article 2 of this Law is not infringed
by a broadcasting authority by reason only of the transmissions by it, by
wireless telegraphy, of sounds or visual images from a transmitting station for
general reception direct from that station, nor is it infringed by the
reception of sounds or visual images transmitted, by wireless telegraphy, from
a transmitting station for general reception direct from that station or
through the medium of a relay service licensed under the Wireless Telegraphy
Act, 1949 (as extended to the Channel Islands by the Wireless Telegraphy (Channel
Islands) Order, 1952).
(2) In
this Article, “broadcasting authority” means a person licensed
under the Wireless Telegraphy Act, 1949 (as extended to the Channel Islands by
the Wireless Telegraphy (Channel Islands) Order, 1952)2 to broadcast
programmes for general reception and “wireless telegraphy” has the
same meaning as in that Act.
ARTICLE 5
SAVING FOR THINGS DONE UNDER LICENCE
(1) The
Board may, either unconditionally or subject to such conditions as it may
specify and either irrevocably or subject to such revocation as may be so
specified, grant a licence for the running of any such system falling within
paragraph (1) of Article 2 of this Law as is specified in the licence and
nothing done under, and in accordance with, a licence granted under this paragraph
shall constitute an infringement of the privilege conferred by the said
paragraph (1).
(2) A
licence granted under paragraph (1) of this Article shall, unless previously
revoked in accordance with any terms in that behalf contained in the licence, continue
in force for such period as may be specified therein.
(3) A
licence granted under paragraph (1) of this Article may be granted to all
persons, to persons of a class or to a particular person and, without prejudice
to the power to impose conditions conferred by that paragraph, may include
conditions requiring the rendering to the Board of a payment on the grant of
the licence or the rendering to it of periodic payments during the currency of
the licence, or both, and any payment required to be rendered to the Board
under this Article may be recovered as a civil debt due to the States.
(4) A
licence granted under paragraph (1) of this Article, not being a licence
expressed to be granted to a specified person, shall be published in such
manner as appears to the Board to be appropriate for bringing it to the
attention of the persons for whose benefit it will enure, and a licence
expressed to be so granted must be in writing.
(5) For
the purpose of a licence granted under paragraph (1) of this Article, the
definition of a class of persons may be framed by reference to any
circumstances whatever.
PART III
POWERS OF THE BOARD
ARTICLE 6
GENERAL POWERS OF THE BOARD
Subject to the provisions of this Law, the Board shall have power
–
(a) to provide telecommunication
services;
(b) to provide data
processing services;
(c) to perform services for
the States, or any administration thereof, the government of any country or
territory outside the Bailiwick or any foreign telecommunications
administration on such terms and conditions as it thinks fit; and
(d) to do anything which in
its opinion is requisite, advantageous or convenient for securing the exercise
of any of the powers conferred by this Article, or in connexion with or in
consequence thereof.
ARTICLE 7
EXCLUSION OF LIABILITY
(1) No
proceedings in contract or tort shall lie against the Board in respect of
–
(a) failure to provide, or
delay in providing, a telecommunication service, apparatus associated therewith
or a service ancillary thereto;
(b) failure, interruption,
suspension or restriction of a telecommunication service or a service ancillary
thereto or delay of, or fault in, communication by means of a telecommunication
service; or
(c) error in, or omission
from, a directory for use in connexion with a telecommunication service.
(2) No
officer or servant of the Board shall be subject, except at the suit of the
Board, to any civil liability for any loss or damage in the case of which
liability of the Board therefor is excluded by paragraph (1) of this Article.
PART IV
PROVISIONS AS TO WORKS
ARTICLE 8
POWERS OF THE BOARD WITH RESPECT TO WORKS
(1) Subject
to the provisions of this Law, the Highways (Jersey) Law, 1956, and the Public Utilities Road Works (Jersey) Law,
1963, the Board may –
(a) place, maintain, alter
or remove a telegraph below, on or above any road;
(b) place or maintain posts
in or on any road and alter or remove the same;
(c) at all reasonable
times, break up or open any road for the purpose of placing, maintaining,
altering or removing a telegraph;
(d) place and maintain a
telegraph below, on, or above any land and place or maintain posts in or on any
land and may alter or remove the same.
(2) In
the exercise of its powers under this Article the Board shall do as little
damage as may be and shall make full compensation to all persons interested for
all damage sustained by them by reason or in consequence of the exercise of
such powers.
(3) Where
any dispute arises as to the amount of compensation payable under this Article,
or the persons to whom it is payable, the question shall be referred to and
shall be determined by a Board of Arbitrators constituted in accordance with
Article 8 of the Compulsory Purchase of Land (Procedure) (Jersey) Law, 1961, and Articles 10 and 11 of that Law shall apply in respect of such a reference.
(4) All
telegraphs and posts which have been placed below, on or above any land,
including any road, by the Board prior to the coming into force of this Law
shall be deemed to have been placed in pursuance of and in accordance with the
provisions of this Law.
ARTICLE 9
CONSENT TO PLACING OF WORKS
(1) The
Board shall not place any telegraph or post by the side of any land so as to
stop, hinder or interfere with ingress or egress for any purposes to or from
such land or place any telegraph or post below, on or above any land, except
with the prior consent in every case of the owner, lessee and occupier of such
land or, in the case of any land belonging to or enjoyed by the Crown, of H. M.
Receiver General:
Provided always that the consent of any person occupying as a
tenant from year to year only shall not be required nor shall any person so
occupying be entitled to any compensation under this Law.
(2) Subject
to paragraph (1) of this Article, if the owner, lessee or occupier of any land
fails to give his consent to the placing of a telegraph or post below on or
above that land, the Board may by compulsory purchase acquire such rights as
may be necessary to enable it to carry out the work and the provisions of the
Compulsory Purchase of Land (Procedure) (Jersey) Law, 1961 shall
apply in respect of such acquisition.
ARTICLE 10
REMOVAL OF WORK INTERFERING WITH DEVELOPMENT OF LAND
Where the Board constructs any work below, on or above any land or
any road adjoining or near any land, and any person having an interest in such
land desires to build upon or enclose the land, or in any manner to improve or
alter it or to use it in some manner in which it was not actually used at the
time of the construction of the work by the Board and with which the
continuance of the work would interfere, then that person may by notice advise
the Board of the nature of such intended building, enclosure, improvement,
alteration, or other use of the land and require the Board to remove or alter
its work so that the same may not interfere therewith and the Board, if
satisfied of the intention of the person to make such building, enclosure,
improvement, alteration, or other use of the land and that the continuance of
such work would interfere therewith, shall, within three months after receiving
the notice, take such action as may be necessary to fulfil the requirements
thereof:
Provided that nothing in this Article shall empower any person to
obtain the removal or alteration of any work contrary to the terms of any grant
or consent in writing made or given by him, or by any person through whom he
takes his estate or interest.
ARTICLE 11
LOPPING OF TREES WHICH OBSTRUCT A TELEGRAPHIC LINE
(1) Where
the branches of any tree overhang and obstruct or interfere with the
satisfactory working of any telegraphic line or will obstruct or interfere with
the satisfactory working of any telegraphic line about to be so constructed,
the Board may cause the branches to be lopped so as to prevent the obstruction
or interference.
(2) An
officer of the Board who proposes to enter upon any land in accordance with the
provisions of this Article –
(a) shall, if so required,
produce written evidence of his authority;
(b) shall not enter on any
land which is for the time being occupied unless not less than seven days
before the day on which entry is made, the occupier has been notified of the
intended entry and the purpose for which entry will be made.
(3) The
Board shall ensure that branches are lopped in a husbandlike manner and so as
to avoid injury to the growth of the tree.
PART V
CHARGES AND OTHER TERMS AND
CONDITIONS APPLICABLE TO SERVICES
ARTICLE 12
CHARGES AND OTHER TERMS AND CONDITIONS APPLICABLE SERVICES
(1) The
Board may by order prescribe
(a) the charges which save
in so far as they are the subject of an agreement between it and a person
availing himself of those services, are to be made for the services which it
provides under this Law; and
(b) the other terms and
conditions which, save as aforesaid, are to be applicable to those services:
Provided that no provision shall be included in any such Order for
limiting the liability of the Board for loss or damage or for amending the
rules of law with respect to evidence.
(2) An
Order made under this Article may, as respects the service to which it relates,
adopt such system for the determination of the charges or other terms and
conditions or, as the case may be, the charges and other terms and conditions
that are to be applicable as may appear desirable and, in particular and
without prejudice to the generality of the foregoing words, may, in all or any
cases, leave the determination thereof to the Board subject to such (if any)
conditions and limitations as may be provided for in the Order.
(3) An
Order made under this Article may also –
(a) as respects the service
to which it relates, specify the manner in which, time at which and person by
whom the charges that are applicable are to be paid;
(b) make different
provision for different cases or classes of cases determined by, or in
accordance with, the provisions of the Order.
(4) A
charge payable under this Article may be recovered as a debt due to, and shall
be credited to, the Annual Income of the States.
(5) A
certificate of the Board that a specified sum is due to it from a specified
person under the provisions of an Order made under this Article shall, in any
proceedings instituted by it against him or his personal representatives, be
sufficient evidence thereof unless the contrary is shown.
(6) A
certificate of the Board that a specified sum is due to it from a specified
person under an agreement with respect to telecommunication services provided
by it shall, subject to any term of the agreement to the contrary, in any such
proceedings as aforesaid, be sufficient evidence thereof unless the contrary is
shown.
(7) In
any proceedings instituted by or against the Board to which the rate at which a
charge was levied at any time, in respect of a service, by an authority outside
the Bailiwick is material, a certificate of the Board that the charge was
levied at that rate at that time in respect of that service by that authority
shall be conclusive evidence of that fact.
PART VI
OFFENCES
ARTICLE 13
COMPENSATION AND FINE FOR INJURY TO TELEGRAPHIC LINE AND FOR INTERRUPTION
OF TELEGRAPHIC COMMUNICATION
(1) Any
person who destroys or injures any telegraphic line shall be liable to pay to
the Board such expenses, if any, as may be incurred in making good such
destruction or injury, and, if the telegraphic communication is carelessly or
wilfully interrupted, shall be liable to a fine of fifty pounds and to a
further fine not exceeding twenty pounds per day for every day during which
such interruption continues:
Provided that if the work of making good such destruction or injury
is carried out by, or under the supervision of the Board, the interruption
shall be deemed to continue either for the time during which it actually
continues or for such less time as in the opinion of the court would have been
sufficient for remedying the interruption by the Board.
(2) An
act done to a telegraphic line in the course of work undertaken by any person
in the legal exercise of a right shall not be deemed to be wilful destruction
of or injury to such telegraphic line, if due notice of the intended exercise
of such right has been given to the Board, that is to say, the notice required
to be given in pursuance of any enactment or agreement, or where there is no
such requirement fourteen clear days notice.
(3) This
Article shall be deemed to be in addition to and not in derogation from any
other power or means which the Board may have of recovering damages in respect
of any such destruction or injury as is mentioned in this Article:
Provided that proceedings may not be taken both under this Law and
under any other Law or at common law in respect of the same destruction or
injury.
ARTICLE 14
PENALTY FOR OBSTRUCTION
Any person who obstructs the Board in placing, maintaining,
altering, examining or repairing any telegraphic line in pursuance of this Law,
or of any consent given in pursuance of this Law, shall for every act of
obstruction be liable to a fine not exceeding ten pounds or, in the case of a
continuing obstruction ten pounds for every day during which the same
continues.
ARTICLE 15
OBSTRUCTION OR MOLESTATION OF OFFICER
Any person who wilfully obstructs or molests, or incites anyone to
obstruct or molest, an officer of the Board in the execution of his duty shall
be guilty of an offence and shall be liable to a fine not exceeding fifty
pounds or to imprisonment for a term not exceeding three months or to both such
fine and such imprisonment.
ARTICLE 16
PROHIBITION OF PLACING INJURIOUS SUBSTANCES IN OR AGAINST TELEPHONE
KIOSKS
Any person who –
(a) places or attempts to
place in or against any telephone kiosk or cabinet any fire, match, light,
explosive substance, dangerous substance, filth, noxious or deleterious
substance or fluid; or
(b) commits a nuisance in
or against any telephone kiosk or cabinet; or
(c) does or attempts to do
anything likely to injure a telephone kiosk or cabinet;
shall be guilty of an offence and shall be liable to a fine not
exceeding one hundred pounds or to imprisonment for a term not exceeding three
months or to both such fine and such imprisonment.
ARTICLE 17
PROHIBITION OF AFFIXING THINGS ON TELEPHONE KIOSKS, TELEGRAPH POSTS
OR OTHER PROPERTY
Any person who without due authority affixes or attempts to affix
any placard, advertisement, notice, list, document, board or thing in or on, or
paints or tars, any telephone kiosk, telegraph post or any other property
belonging to or used by or on behalf of the Board for the purposes of this Law
or in any way disfigures any such kiosk, post or other property shall be guilty
of an offence and shall be liable to a fine not exceeding ten pounds.
ARTICLE 18
WILFUL DAMAGE
Any person who wilfully removes, destroys, damages or otherwise
interferes with any telegraph or other work of the Board shall for each such
offence be liable to a fine not exceeding fifty pounds, or imprisonment for a
term not exceeding three months, and this without prejudice to the right of the
Board to recover any damages resulting from such act.
ARTICLE 19
OFFENCES IN RELATION TO TELEGRAPHIC MESSAGES
(1) Any
officer of the Board who –
(a) wilfully or negligently
omits or delays to transmit or deliver any telegraphic messages; or
(b) by wilful or negligent
act or omission prevents or delays the transmission or delivery of any
telegraphic message; or
(c) improperly divulges to
any person the purport of any telegraphic message;
shall be guilty of an offence and shall be liable to a fine not
exceeding 16180 hundred pounds.
(2) Any
officer of the Board who, contrary to his duty, discloses or in any way makes
known or intercepts the contents or any part of the contents of any telegraphic
message or any message entrusted to the Board for the purpose of transmission
shall be guilty of an offence and shall be liable to a fine not exceeding five
hundred pounds or to a term of imprisonment not exceeding twelve months
(3) Any
person who forges or wilfully and without due authority alters a telegram or
utters a telegram knowing the same to be forged, or wilfully and without due
authority altered, or who transmits by telegraph as a telegram, or utters as a
telegram, any message or communication which he knows is not a telegram, shall,
whether he had or had not an intent to defraud be guilty of an offence and
shall be liable to a fine not exceeding one hundred pounds or to a term of
imprisonment not exceeding twelve months.
ARTICLE 20
PENALIZATION OF IMPROPER USE OF TELECOMMUNICATION SERVICES
Any person who –
(a) sends, by means of a
public telecommunication service, a message or other matter that is grossly
offensive or of an indecent, obscene or menacing character; or
(b) for the purpose of
causing annoyance, inconvenience or needless anxiety to another, sends by those
means a message that he knows to be false or persistently makes use for that
purpose of public telecommunication services;
shall be guilty of an offence and shall be liable to a fine not
exceeding fifty pounds.
ARTICLE 21
FRAUDULENT USE OF PUBLIC TELEPHONE OR TELEX SYSTEM
Any person who dishonestly uses a public telephone or telex system
with intent to avoid payment shall be guilty of an offence and shall be liable
to a fine not exceeding one hundred pounds or to imprisonment for a term not
exceeding six months or to both such fine and such imprisonment.
PART VII
MISCELLANEOUS AND GENERAL
ARTICLE 22
ENTRY ON LAND
Any officer of the Board, authorized in that behalf by the Board
may, for any of the purposes for which the Board is so authorized under this
Law, at all reasonable times and on production, if so required, of evidence of
his authority, enter on any land for any of the purposes aforesaid.
ARTICLE 23
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.
(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 –
(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 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 24
ORDERS
(1) The
Board may by order prescribe any thing which it may under this Law prescribe.
(2) The
Subordinate Legislation (Jersey) Law, 1960 shall
apply to orders made under this Law.
ARTICLE 25
ADAPTATION OF ENACTMENTS
The enactments mentioned in the Schedule to this Law shall have
effect subject to the amendments specified in that Schedule in relation to each
such enactment.
ARTICLE 26
CITATION AND COMMENCEMENT
(1) This
Law may be cited as the Telecommunications (Jersey) Law, 1972.
(2) This
Law shall come into force on such day or days as the States may by Act appoint
and different days may be fixed for different purposes and different provisions
of this Law.
SCHEDULE
(Article 25)
AMENDMENT OF ENACTMENTS
Electricity (Jersey) Law, 1937
In Article 10, for the words “the telegraphic system owned by
the General Post Office, of the telephone system under the administration of
the States” there shall be substituted the words “the telegraphic
system owned by the States of Jersey”.
Public Utilities Road Works (Jersey) Law, 1963
In paragraph (1) of Article 1 for the definition of
“telegraphic line” there shall be substituted the following
definition –
“ ‘telegraphic line’ has the same meaning as in
the Telecommunications (Jersey) Law, 1972;”.
Extinguishment of Roads (Jersey) Law, 1972
1. In
paragraph (1) of Article 1 –
(a) in the definition of
“statutory undertakers” after the word “water” there
shall be added the words “and the Telecommunications Board”;
(b) the definition of
“telegraphic line” shall be deleted.
2. In
its application to the Telecommunications Board the word
“apparatus” in Article 4 and the Second Schedule shall include a
telegraphic line as defined in paragraph (1) of Article 1 of this Law.
3. Article
5 shall be repealed.
4. In
Article 7 –
(a) in paragraph (1) the
words “or, in the case of the Post Office, on the Post Office”
shall be deleted;
(b) in paragraph (3) the
words “, in the case of the Post Office, be its principal local
telecommunications office for Jersey,” shall be deleted.
E.J.M. POTTER,
Greffier of the States.