Telecommunication Services (Jersey) Order 1972
Jersey Order in Council 29/1972
TELECOMMUNICATION SERVICES (JERSEY)
ORDER 1972.
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(Registered on the 15th day of December, 1972).
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At the Court at Buckingham Palace.
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28th November, 1972.
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Present
The
Queen’s Most Excellent Majesty in Council.
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WHEREAS an agreement has been concluded
between the Minister of Posts and Telecommunications and the States of Jersey
providing for the surrender by the Post Office, as regards the Bailiwick of
Jersey, of the privilege conferred on the Post Office by section 24 of the Post Office Act 1969 and the administration in that Bailiwick by, or
under the authority of, the States instead of the Post Office of such
telecommunication services as are being administered there by the Post Office:
Now, therefore, Her Majesty, in exercise of the powers conferred
upon Her by section 87(1) of the Post Office Act 1969,
is pleased, by and with the advice of Her Privy Council, to order, and it is
hereby ordered, as follows: -
1. This
Order may be cited as the Telecommunication Services (Jersey) Order 1972 and
shall come into operation on 1st
January 1973.
2. This
Order applies only to the Bailiwick of Jersey.
3.-(1) The Interpretation Act 1889
shall apply for the purpose of the interpretation of this Order as it applies
for the purpose of the interpretation of an Act of Parliament, and section 38
of that Act (effect of repeals) shall apply as if this Order were an Act of
Parliament.
(2) Any reference
in this Order to any enactment shall, except so far as the context otherwise
requires, be construed as a reference to that enactment as amended, and as
including a reference to it as extended or applied, by or under any other
enactment, including the Post Office Act 1969,
or by this Order.
4. The
agreement mentioned in the preamble to this Order and set out in the Schedule
thereto shall have the force of law.
5. Sections
9, 14, 15, 24, 25, 26, 27, 28, 78 and 88(4) of the Post Office Act 1969 are hereby repealed.
6. Section
80 of the Post
Office Act 1969 (provision
of information to persons holding office under the Crown) shall apply in
relation to telecommunication services as if the words “provided by the
Post Office” were omitted and as if for the words “laid on the Post
Office for the like purposes and in the like manner” there were
substituted the words “laid
on an officer of the States Telecommunications Board
by Her Majesty’s Attorney General for Jersey for the like
purposes”.
7. The
Post Office Act
1953 is hereby repealed.
8.-(1) The Telegraph Act 1868
(except for sections 2 and 3), the Post Office (Protection) Act 1884 and section 45 of
the Telegraph Act
1863 are hereby repealed.
(2) The provisions
of the Telegraph
Act 1863 (other than the provisions of section 45 of that Act),
as they apply in the Bailiwick of Jersey immediately before the day on which
this Order comes into operation, shall on that day cease so to apply, except in
relation to the transferred lines and the maintaining, altering, removing or
renewing of those lines.
(3) On that day,
the rights and liabilities which by virtue of those provisions (and of consents
given for the purposes of those provisions) are enjoyed by, and incumbent on,
the Post Office in relation to the transferred lines immediately before that
day shall become those of the States Telecommunications Board (and shall cease
to be those of the Post Office) and the Board shall in relation to those lines
become subject to the restrictions imposed by those provisions (and by the
terms and conditions of those consents) to which the Post Office is subject
immediately before that day.
(4) As from that
day, in the application of those provisions within the said Bailiwick in
relation to the transferred lines and the maintaining, altering, removing and
renewing of those lines, references therein (and in such consents) to the
company and to the Postmaster General which, by virtue of subsection (1) of
section 21 of the Post
Office Act 1969 are to be
construed as referring to the Post Office shall (except so far as the context
excludes such a construction) be construed as referring to the Board and such
references therein which by virtue of that subsection are to be construed as
including references to the Post Office shall be construed as including
references to the Board also.
(5) A notice or
certificate given, request made or requirement imposed under or for the
purposes of any provision of the said Act of 1863 by, to or on the Postmaster
General or the Post Office which is effective on that day shall, as from that
day, have effect as if given, made or imposed by, to or on the Board.
(6) In this
Article, “the transferred lines” means the telegraphs, posts and
works and parts of telegraphs and works which, immediately before the day on
which this Order comes into operation, are being maintained by the Post Office
in the Bailiwick of Jersey under and in accordance with the Telegraph Act 1863,
being telegraphs, posts, works and parts which it has been agreed between the
Post Office and the Board should vest in the Board on that day.
W.G. AGNEW.
SCHEDULE
(Article 4)
AGREEMENT BETWEEN THE MINISTER OF POSTS AND TELECOMMUNICATIONS AND
THE STATES OF JERSEY
This Agreement made the twenty-second day of November one thousand
nine hundred and seventy-two between the Right Honourable
Sir John Eden Bt. M.P. Her Majesty’s Minister of Posts and
Telecommunications (hereinafter called “the Minister”) in exercise
of the powers conferred on him by the Post Office Act 1969
and on behalf of Her Majesty of the one part and Edward James MacGregor Potter
Esquire, Greffier of the States of Jersey on behalf
of the States of Jersey (authorised by Act of the
States dated 21st November 1972) of the other part.
Whereas subsection (1) of section 87 of the Post Office Act 1969
makes provision in the event of the conclusion of an agreement between the
Minister of Posts and Telecommunications and the States of Jersey for the
surrender by the Post Office as regards the Bailiwick of Jersey of the
privilege conferred on the Post Office by section 24 of the Post Office Act 1969
and for the administration in that Bailiwick by or under the authority of the
States instead of the Post Office of such telecommunication services as are
being administered there by the Post Office.
Now it is hereby agreed as follows:
1. This
Agreement takes effect on 1st
January 1973.
2. The
Post Office surrenders as regards the Bailiwick of Jersey the exclusive privilege
conferred on the Post Office by section 24 of the Post Office Act 1969
and such telecommunication services as are at present being administered in
that Bailiwick by the Post Office shall be administered in that Bailiwick by or
under the authority of the States of Jersey instead of by the Post Office.
3. If,
in the opinion of the Minister, it is requisite or expedient in the interests
of national security or relations with the government of a country or territory
outside the British Islands or, in relation to the Bailiwick of Jersey, in
order to discharge or facilitate the discharge of an obligation of Her
Majesty’s Government in the United Kingdom by virtue of its being a
member of an international organisation or a party to
an international agreement, to attain or facilitate the attainment of any other
object in view of that Government being a member or party as aforesaid, or to
enable that Government to become a member or party as aforesaid, that any thing should be done or not done, the States of Jersey
will do what is necessary to secure that it is done or not, as the case may be.
4. The
States of Jersey shall not without prior consultation with the Minister set up
or permit to be set up a new direct telecommunication link, or increase the
capacity or permit any increase in the capacity of an existing such link, with
any country or territory other than the United Kingdom or Bailiwick of
Guernsey, nor without such consultation introduce or permit to be introduced
any new type of telecommunication service with any country or territory other
than the United Kingdom or Bailiwick of Guernsey.
In witness whereof the Minister has hereunto set his hand and seal
and the said Edward James MacGregor Potter has signed these presents for and on
behalf of the States of Jersey, the day and year first above written.
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John Eden
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A. Fortnam
Civil Servant
Ministry of Posts and Telecommunications.
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E. J. M. Potter
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G. H. C. Coppock
States’ Greffe
Jersey.