Electricity (Jersey) Law 1937[1]
LOI accordant certains Pouvoirs, Droits,
Privilèges et Obligations à la Société dite: The
Jersey Electricity Company Limited
Commencement
[see
endnotes]
Definition
1 Interpretation[2]
In this Law –
“Company”
means Jersey Electricity PLC, formerly The Jersey Electricity Company Limited,
registered by Act of the Royal Court dated 5th April 1924 in accordance
with the provisions of the Laws governing Limited Liability Companies (1861
to 1922);
“Regulations”
means the Electricity Safety, Quality and Continuity Regulations 2002
(S.I. 2002/2665) of the United Kingdom as for the time being in force.
Powers
A2 Relationship with other
enactments[3]
Nothing in or done under
this Law shall relieve the Company from an obligation to obtain any permit,
consent, permission or authorization required under the Road Works and Events (Jersey) Law 2016 or any other enactment.
2 Power to open and make use
of roads
Subject to the provisions of this Law the Company shall at all
reasonable times have the right to break up and make use of the public roads,
streets and lanes of Jersey, for the development, maintenance and exploitation
of an electricity supply for all purposes, whether public or private:
Provided that all electric lines, works, apparatus, sub-stations,
and general distributing system of the Company, which shall have been laid down
or placed by the Company, in, along, over, or under any public roads, streets,
lanes and public places of Jersey, prior to the confirmation of the present Law,
shall be deemed to have been laid down or placed in pursuance of and in
accordance with the provisions of this Law.[4]
3 Opening of roads
The Company may take up paving and dig trenches in the public
roads, streets and lanes of Jersey. They may open all
drains and gutters under or upon such public roads, streets and lanes, and may
place and maintain in good condition underneath the said public roads, streets
and lanes, such cables, mains, conduits or pipes, junction and other boxes, as
they may from time to time deem necessary and expedient for the carrying on of
their undertaking: Provided always that no permanent damage be caused to any
pipes, sewers or gutters which may already exist in the said public roads.[5]
4 Repair of underground mains
The Company shall have the power at all reasonable times to
repair, replace, modify, or remove the said cables, mains, conduits or pipes,
junction and other boxes.[6]
5 [7]
6 Mains and lines to
conform with Regulations[8]
All mains and transmission lines shall be laid in compliance with
the Regulations.
7 [9]
8 Overhead lines
The Company shall also have the right to erect poles, suspended
lamps, pillars, lamp posts and other appliances upon the public roads, streets
or lanes, and to carry overhead lines and other appliances necessary for the
carrying on of its undertaking over and along the public roads, provided that
such overhead lines and appliances comply with the Regulations.
The Company may permit overhead lines (other than lines necessary
for the carrying on of its undertaking) to be attached to any poles or pillars
so erected:
Provided that no such line shall be so attached except with the
consent of the Connétable of the parish, or, in
the case of a line to be attached to a pole or pillar erected on a roadway
under the control of the States, with the consent of the Minister for Infrastructure,
and that, in relation to any such line, the Company shall comply with such
requirements for securing the safety of the public as the said Minister may
think fit to impose.
The Company may place against or attach to any house, building or
wall lawfully indicated to it by the Connétable of the parish, any
street lamps or other appliances for public lighting; and this without the
necessity of obtaining the consent of the proprietor of the said house,
building or wall.
Nevertheless, so far as concerns –
(1) the Town of St. Helier and the urban
districts of the parishes of St. Helier, St. Saviour and St. Clement;
(2) the town of St. Aubin in the parish of St.
Brelade;
(3) the Village of Beaumont in the parishes of
St. Peter and of St. Brelade;
(4) the Village of Millbrook in the parish of
St. Lawrence; and
(5) the Village of Gorey in the parishes of
Grouville and St. Martin,
the Company shall
distribute electrical energy by underground system, provided that in
exceptional circumstances and subject to the permission of the Connétable
of the parish and the said Minister having been previously obtained, the
Company may carry an overhead line over any public road or public property for
the purpose of giving a supply of electrical energy to any property situated in
the above mentioned reserved districts.[10]
9 Wayleaves procedure
When it is proposed to carry an overhead line over or along a
public road, street or lane, the Company shall observe the following
procedure –
(1) the
position of each pole, pillar or other appliance shall be agreed upon in
consultation with the Connétable and the Roads Committee of the parish
concerned, or, in the case of a roadway under the control of the States, with
the Minister for Infrastructure or an official designated by the Minister. The
owners of the land whereon it is intended to erect any such pillar, pole or
other appliance shall be notified in writing by the Company of the intention so
to do;
(2) the
Company shall prepare a plan of the route of the proposed line, showing
thereon –
(a) the agreed
position of each pole, pillar or other appliance; and
(b) the
name of the owner of the land upon which such pole, pillar or other appliance
is situate or which immediately adjoins such pole, pillar or other appliance;
(3) the
Company shall deposit such plan with the Greffier of the States;
(4) the
Company shall publish at least twice in the local Press, notice of its
intention to erect the said line. The said notice shall call upon owners of
land designated in paragraph 2(b) to state their objections, if any, to the
location of any pole, pillar or other appliance situate upon or immediately
adjoining their respective lands, within 10 days of the publication of the
latter of the above mentioned notices. All such objections shall be delivered
by the owners of the land to the Greffier Judiciaire in writing.
Should no such objections
be received, the interested parties shall be deemed to have given their consent
and the Company may proceed with the erection of the proposed line.
Should any objections be
received, the Company shall endeavour to meet the views of the objectors, and,
failing agreement, the question at issue shall be referred by means of a
“representation” by the party aggrieved, for decision to the
Inferior Number of the Royal Court, in term or in vacation, and the Court shall
have power to authorize the placing of any pole, pillar or other appliance, in
spite of such objection, and no appeal shall lie from such decision of the
Royal Court.[11]
10 Tree lopping
When the route of an overhead line is finally settled in
accordance with the procedure laid down in Article 9, the Company shall
have the right at all times to lop the branches of any trees overhanging the
line, but to such an extent only as may be necessary to enable it to ensure
public safety and the satisfactory working of the line.
11 Wayleaves on private property
The Company may place any electric line below ground across any
land, and above ground across any land other than land covered by buildings or
used as a garden or pleasure ground, and where any line has been so placed
across any land the Company or its employees may enter on the land for the
purpose of repairing or altering the line:
Provided that before placing any such line across any land the
Company shall serve on the owner and occupier of the land for the time being,
notice of its intention, together with a description of the nature and position
of the lines proposed to be so placed; and if within 21 days after the service
of the notice, the owner and occupier fail to reply to such notice, consent
shall be deemed to have been given. Should the owner and occupier attach to
their consent any terms or conditions or stipulations to which the Company
objects and the parties fail to agree, the question at issue shall be referred to
the Inferior Number of the Royal Court in the manner prescribed in the last paragraph
of Article 7, and in deciding whether to give or withhold its authorization,
or to impose any terms or conditions or stipulations (including the carrying of
any portion of the line underground) the Court shall, among other
considerations, have regard to the effect, if any, on the amenities or value of
the land of the placing of the line in the manner proposed.
12 Wayleaves on arable land
Nevertheless, no pole, pillar, stay or other structure above
ground level shall be placed or erected upon the arable portion of any land
without the explicit consent of the then owner of the said land. Such consent
shall be in the form required by the law of Jersey, and shall be granted for a
period of not less than 9 years certain and thereafter shall continue in force
until determined by 6 months’ notice on either side. During the
continuance of any such consent, the owner or occupier for the time being shall
not be entitled to insist upon the removal of any poles, pillars, cables,
overhead lines or other appliances, except for exceptional and unforeseen
reasons; and if any dispute shall arise as to what constitutes exceptional and
unforeseen reasons, the matter may be referred by either party to the Inferior
Number of the Royal Court, by means of a “representation,” in term
or in vacation, for decision, and such decision shall be final and not subject
to any appeal. The owner of the land upon which poles, pillars and other appliances
are erected, shall be entitled to the rentals set forth in Schedule 3.
13 Protection from
interference of telecommunication systems[12]
The Company shall take
all reasonable precautions for securing that any installation, alteration or
change in the mode of operation of any electric line, plant or apparatus does
not interfere with the operation of any telecommunication system run under a
licence under the Telecommunications
(Jersey) Law 2002.
14 Protection of public[13]
For the protection of the general public, all plant and apparatus
and the installation thereof shall conform to the Regulations. Should the
necessity arise, the States or the Minister for
Sustainable Economic Development may, at their own expense, cause an examination to be made of the
whole of the Company’s installation by a competent Inspector for the
purpose of ascertaining if the provisions of this Article have been complied
with. If any infractions of the Regulations are found by the said Inspector to
exist, the same shall be remedied by the Company at its own expense, on the order
of the States or on the order of the above mentioned
Minister, and, in such event, the costs of the examination shall be refunded by
the Company to the States.
15 Street improvements
(1) Should
the competent Authorities decide upon any works of widening, improving or
modifying any of the public roads, streets or lanes in which the Company shall
have placed distributing lines or other apparatus, the Company shall, within
the course of a month of receiving a requisition from the said Authorities
informing it of the said widening, improvement or modification, take the
necessary measures to modify, as may be necessary, its cables, lines or other
appliances, and in so doing the Company shall conform to the directions of the said
Authorities. The cost of such work shall be borne by the Company.[14]
(2) In
paragraph (1) “competent Authorities” refers to any highway
authority responsible for a public road, street or lane in which the works
referred to in paragraph (1) are to take place.[15]
16 [16]
17 Declared voltage
The Company shall in respect of each consumer declare the constant
voltage at which the supply shall be delivered to the consumer’s
terminals. Such declared voltage shall not be departed from to any greater
extent than is permitted by the variations allowed in the Regulations.[17]
18 Supply compulsory
The Company shall, upon being required so to do by the Owner or
Occupier of any premises situate within 50 yards from any distributing mains of
the Company in which it is for the time being required to maintain or is
maintaining a supply of energy for the purpose of general supply to private
consumers, give and continue to give a supply of energy to those premises and
it shall furnish and lay any electric lines which may be necessary for the
purpose of supplying the maximum power with which any such Owner or Occupier is
entitled to be supplied, subject to the conditions in Article 19.
19 Cost of supply line
The cost of so much of any electric line for the supply of energy
to any Owner or Occupier as may be laid upon the property of that Owner or upon
the property in the possession of that Occupier, and of so much of any such
electric lines as it may be necessary to lay for a greater distance than 60
feet from any distributing main of the Company although not on that property,
shall, if the Company so required, be defrayed by that Owner or Occupier.
Every Owner or Occupier
of premises requiring supply of energy shall –
Notice of supply
(a) Serve a notice upon the Company specifying
the premises in respect of which the supply is required and the maximum power
required to be supplied and the day (not being an earlier day than a reasonable
time after the date of the service of the notice) upon which the supply is
required to commence, and
Guarantee of consumption
(b) If required by the Company, enter into a
written contract with them to receive and pay for a supply of energy, for a
period of at least 2 years, of such an amount that the payment to be made for
the supply, at the rate of charge for the time being charged by the Company for
a supply of energy to ordinary consumers within the area of supply, shall not
be less than 20% per annum on the outlay incurred by the Company in
providing any electric lines required under this Article to be provided by it
for the purpose of such supply, and, if required by the Company, give security
for the payment to it of all moneys which may be due to it from the Owner or
Occupier in respect of any electric lines to be furnished by the Company and in
respect of energy to be supplied by it: Provided always that the Company may,
after it has given a supply of energy in respect of any premises, by notice in
writing, require the Owner or Occupier of those premises, within 7 days after
the date of the service of the notice, to give to it security for the payment
of all moneys which may become due to it in respect of the supply of energy, in
case the Owner or Occupier has not already given that security, or, in case any
security given has become invalid or insufficient, and in case any such Owner
or Occupier fails to comply with the terms of the notice, the Company may, if
it thinks fit, discontinue to supply energy to the premises so long as the
failure continues.
Prepayment meter
Alternatively, in default of such security, the Company may, at
its discretion, install prepayment meters upon the premises of any consumer, in
which case the Company shall at each collection from such prepayment meters
make such cash adjustment as may be necessary to reduce the price of energy to
the prevailing tariff reduced by any scale of discount in operation for the
time being:
Appliances to be approved
Provided also that if the Owner or Occupier of any such premises
as aforesaid uses any form of lamp or appliance or uses the energy supplied to the
Owner or Occupier by the Company for any purpose, or deals with it in any
manner so as to interfere unduly or improperly with the efficient supply of
energy to any other body or person by the Company or in any other manner
detrimental to the interests of the Company, the Company may, if it thinks fit,
discontinue the supply of energy to those premises so long as the lamp or
appliance is so used, or the energy is so used or dealt with:
Installation to be satisfactory
Provided also that the Company shall not be compelled to give a
supply of energy to any premises unless it is reasonably satisfied that the
electric lines, fittings and apparatus therein are in good order and condition
and not calculated to affect injuriously the use of energy by the Company or by
other persons.
Arbitration under this Article
If any difference arises under this section as to what constitutes
a reasonable time under paragraph (a) of this Article, or as to any
improper use of energy or as to any alleged defect in any electric lines,
fittings or apparatus that difference shall be determined by arbitration as
provided by Article 33.
20 Maximum supply
The maximum power with which any consumer shall be entitled to be
supplied shall be of such amount as the consumer may require to be supplied
with not exceeding what may reasonably be anticipated as the maximum
consumption on the consumer’s premises, provided that where any consumer
has required the Company to supply the consumer with a maximum power of any
specified amount, the consumer shall not be entitled to alter that maximum
except upon one month’s notice to the Company, and any expenses
reasonably incurred by the Company in respect of the service lines by which the
energy is supplied to the premises of that Consumer, or in respect of any
fittings or apparatus of the Company upon those premises, consequent upon the
alteration, shall be paid by the consumer to the Company and may be recovered
as a civil debt. If any difference arises between any such Owner or Occupier
and the Company as to what may reasonably be anticipated as the consumption on the
Owner or Occupier’s premises, or as to the reasonableness of any expenses
under this Article, that difference shall be determined by arbitration as
provided by Article 33.
21 Penalty for default in supply
Whenever the Company
makes default in supplying energy to any Owner or Occupier of premises to whom
it may be and is required to supply energy it shall be liable in respect of
each default to a penalty not exceeding £2 for each day on which the default
occurs, provided that the penalty to be inflicted on the Company under this Article
shall in no case exceed in the aggregate, in respect of any of the defaults
(not being wilful defaults) on the part of the Company, the sum of £50
for any one day, and provided also that in no case shall any penalty be
inflicted in respect of any default if the Royal Court is of the opinion that
the default was caused by unavoidable accident or by force majeure, or was of so slight or unimportant a character as not materially to
affect the value of the supply.
22 Power of states in connection with
electricity tariffs[18]
(1) Where
it appears to the States to be necessary so to do in the public interest, the
States may by Regulations –
(a) determine the tariffs to be made by the Company
in respect of electricity which it supplies; and
(b) specify the manner in which the tariffs are
to be assessed and make provisions incidental thereto:
Provided that any Regulations
made under this Article, unless previously renewed by the States, shall lapse
after 12 months from the date on which they come into force.
(2) In
determining the tariffs, the States shall have regard to the following or any
other relevant matters –
(a) the present needs of the Company and the
future expansion of services provided by the Company;
(b) the ability of the Company so long as its
undertaking is managed efficiently to pay –
(i) interest on and
reimbursement of any debentures, loans or other borrowing of the company,
(ii) a
dividend on the preference shares issued by it at the rate fixed under the
terms of issue of such shares, and
(iii) a
reasonable dividend on the ordinary shares issued by it;
(c) any capital expenditure which the Company
may reasonably be expected to incur during the next 5 years and the desirability
of the Company’s charging such expenditure, or any part thereof, to
revenue;
(d) the ability of the Company to pay all proper
expenses of and connected with the working, management and maintenance of the
Company;
(e) the provision of any contributions, whether
set apart out of revenue or otherwise, which the Company may lawfully carry to
a reserve, contingency or amortization fund;
(f) the ability of the Company to make
good depreciation, whether or not provision therefor is made by a reserve or
contingency fund; and
(g) the ability of the Company to meet all other
costs, charges and expenses, if any, properly chargeable to revenue.
23 Unit
The expression “unit” means the electricity contained in a current of 1,000
amperes flowing under an electromotive force of one volt during one hour.
24 Public lighting
The charges for supplies
in respect of public lighting requirements, i.e. the lighting of roads,
streets, public places and buildings, being the property of the States or
Parishes shall be such as may be agreed between the Company and the Authority
concerned, provided always that the charge per unit shall be less to the extent
of at least 20% below the ordinary flat rate charged for lighting purposes
for the time being.
25 Supply by meter
Subject to the provisions
of any Regulations made under Article 22, and except where otherwise
provided by this Law, the electrical energy furnished by the Company to each
consumer shall be measured by a meter or meters. The Inspector or Agent of the
Company may at all reasonable times enter such consumer’s premises for
the purposes of reading, removing, testing, replacing or examining the meter,
and of making such repairs thereto as may be necessary.
[19]
26 Meters: verification[20]
In the event of any
difficulty arising as to the accuracy of the meter or meters fixed upon the
premises of consumers, the Minister for Sustainable Economic Development shall
have the right of naming an Inspector to verify the said meter or meters; the
cost of such inspection shall be chargeable to the party found in default.
27 Meters
The meters referred to in
Article 25 may be purchased at current prices from the Company by the
owner or occupier of the premises, but shall remain the property of the Company
until the whole of the purchase price has been paid. If the consumer does not
purchase the meter, it may be rented to the consumer by the Company and the
hire shall be recoverable in the same manner as the cost of electricity
supplied. Purchased meters shall be kept in good order and condition at the
expense of the owner thereof.
Meters rented to private
persons in virtue of this Article shall not be liable to arrest by a proprietor
as security for rent nor in virtue of any arrest on the goods of the person in
whose possession they may be, provided that the said meters bear indications
proving that they are the property of the said Company.
28 Cutting off of supply
If on presentation of an
account due for electricity supplied a consumer fails to pay such account on
demand, the Company may cut off the supply to such consumer until such time as
the full amount due is paid, and this without prejudice to the rights of the
Company to recover such amount due by ordinary process. Provided always however
that the right to exercise the power hereinbefore mentioned shall not be
exercised in any case where there is between the Company and the consumer a bona
fide dispute in relation to the account in question, until such time as the
dispute has been determined by the judgment of the competent Court or
otherwise.
29 States right of purchase
The powers and rights
granted by this Law are subject to the following conditions –
(1) The
States reserve the right, after having given 12 months previous notice in
writing to that effect, of purchasing the undertaking of the Company after the
expiration of 42 years from the date of the promulgation of this Law, or at the
expiration of each period of 10 years thereafter. Should the States exercise
the above mentioned right, the price which they will be called upon to pay
shall be determined in accordance with the following provisions –
Price of purchase
(a) The
States shall pay to the Company in respect of such of the lands, buildings,
works, machinery, plant, mains, apparatus, appliances and other like property
as form part of the undertaking, a sum equal to the amount expended in
providing such assets as shown by the books and records relating thereto, less
the amount standing to the credit of the Depreciation Account and of the
Special Reserve Fund, but without any addition in respect of compulsory
purchase or goodwill or of any profits which may or might have been or be made
from the undertaking or of any similar consideration.
Stock in trade
(b) The
States shall also pay to the Company the value of the Stock-in-Trade and Stores
as they stand at the date of transfer.
Arbitration
(c) In
the case of any difference arising under paragraph (1) of the present Article
the matter shall be determined by a Board of Arbitration consisting of 3
persons, of whom one shall be named by the States, one by the Company and one
by the President of the Institute of Electrical Engineers in England, and such
Board of Arbitration may fix the date from which such purchase is to take
effect.
(d) On or
before the date so fixed, or on or before such other date as may be agreed upon
between the States and the Company, all lands, buildings, works, materials and
plant so purchased as aforesaid shall be transferred in due form of law by the
Company to the States and as and from such date the powers of the Company in
relation to the supply of electricity under the present Law shall absolutely
cease and determine, and shall vest in the States.
No increase of capital after notice of purchase
(2) The
Company shall not without the consent of the States, which consent shall not be
refused without valid reasons, incur any capital expenditure in connection with
the said undertaking after it has received notice from the States of their
intention of exercising their right of purchase.
Insolvency and liquidation
(3) If,
in virtue of a resolution of the Company or of an Order of the Royal Court, a
resolution be adopted or an Order be made to liquidate the affairs of the
Company on account of its insolvency, or if the Company makes default in
fulfilling its obligations under the present Law, the States shall, without the
giving of any notice or the expiration of any period of time, have the option
of acquiring the undertaking upon the conditions laid down by sub-paragraphs (1)(a)
and (b).
30 Harbours contract[21]
The terms and conditions
upon which the Minister for Sustainable Economic Development is entitled to be
supplied by the Company with electric current, and the terms and conditions
upon which the Company is entitled to occupy, as a tenant,
certain property owned by the States of Jersey and administered by that
Minister are set out in Schedule 2 to this present Law.
31 [22]
32 Power to deal in appliances
The Company shall be
entitled to sell, hire, fix, repair, remove and manufacture motors, appliances,
meters, heaters and generally all such apparatus and wiring as may be required
for the utilization of electrical energy for motors, heating, lighting,
ventilation and cooking, and to supply the materials and labour necessary for
these purposes.
The appliances rented to
private persons in virtue of this Article shall not be liable to arrest by a proprietor
as security for rent, nor in virtue of any arrest on the goods of the person in
whose possession they may be, provided that the said appliances bear
indications proving that they are the property of the said Company.
33 Arbitration
Where, under any part of
this Law except under Article 29(1), any question or dispute arises as to
whether the Regulations have been complied with which ought to be referred to
arbitration under the provisions of this Law, then, unless other provision is
made by this Law, such question or dispute shall be referred for determination
to an arbitrator or arbitrators agreed upon between the parties between whom
the question or dispute has arisen, or, failing agreement as to the arbitrator
or arbitrators or as to their powers, to an arbitrator or arbitrators appointed
by the Royal Court, on the application of either party, and such reference to
an arbitrator or arbitrators shall be a condition precedent to the institution
of any action by either of the parties to any such dispute.
[23]
34 Compulsory area
The area, to be known as
the Compulsory Area, in which the Company shall be bound to supply electrical
energy within 2 years of the promulgation of this Law, without demanding the
security authorized by Article 19(b), shall be the streets and roads or
portions thereof enumerated in Schedule 1, together with the properties
abutting thereon.
35 States representation[24]
The States may delegate
to the Minister for Sustainable Economic Development, the power and duty of
representing the States in all or any matter arising out of this Law and
generally of safeguarding the public interest.
36 [25]
37 Intentional damage[26]
(1) A
person who intentionally removes, destroys, damages or otherwise interferes
with any main, transmission line, street lamp, or other appliance of the
Company for supplying electricity, shall be guilty of an offence and liable to
imprisonment for a term of 2 years and a fine.
(2) This
Article is subject to Article 30(12) of the Road Works and
Events (Jersey) Law 2016.
38 Citation[27]
This Law may be cited as
the Electricity (Jersey) Law 1937.
Schedule 1
SCHEDULE OF STREETS AND
ROADS OR PARTS THEREOF REFERRED TO IN ARTICLE 34
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Apsley Road.
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Aquila Road (Les Prés).
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Bagot Road, as far as Dudley House.
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Bath Street (Les Ruettes).
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Beach Road.
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Belmont Road.
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Beaumont (St. Aubin’s Road to Cannon).
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Bellozanne Road (as far as Tower Road).
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Beaumont Hill (Old, as far as New Beaumont Hill).
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Bulwarks, St. Aubin (Le Boulevard).
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Beresford Street.
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Bond Street (Le Chemin de la Madeleine).
|
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Broad Street (La Grande Rue ou Rue
d’Egypte).
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Beaufort Square, Devon Gardens.
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Brook Street (Rue du Petit Douet).
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Burrard Street.
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Bagatelle Road (as far as Bagatelle Lane).
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Bagatelle Lane.
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Caledonia Place.
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Cannon Street (La Rue du Canon).
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Cattle Street (La Rue de la Foire à
Bétail).
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Charing Cross (St. Helier) (Les Issues ou
La Pompe de Bas).
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Charing Cross (St. Aubin).
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Cheapside (Mielles du Bas).
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Church Street (La Rue de Trousse Cotillon).
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Clare Street.
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Clarendon Road.
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Clarence Road (Pied des Creux –
Partie de la Colomberie).
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Church Mount (St. Clement’s).
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Cleveland Road.
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Colomberie (La Colomberie).
|
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Commercial Buildings (Les Quais des
Marchands).
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Conway Street (La Banque).
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Craig Street.
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Duhamel Place.
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David Place.
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Devonshire Place.
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Dicq Road.
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Don Road (La Rue des Alleurs).
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Don Street (La Rue Don).
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Dumaresq Street (Les Hemies).
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Elizabeth Place.
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Esplanade.
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Francis Street.
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Georgetown.
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Gloucester Street.
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Green Street (La Verte Rue).
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Grève d’Azette (from The Dicq to Grève
d’Azette Slip).
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Gorey Coast Road (from La Mare Slip to site of Old Pontac
Station) (La Grande Route des Mielles).
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Great Union Road.
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High Street (St. Aubin).
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Halkett Place (La Rue du Nouveau
Marché).
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Halkett Street.
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Hastings Road.
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Havre-des-Pas.
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Hilgrove Street (The Mews) (La Rue des
Français).
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Hill Street (La Rue des Trois Pigeons).
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Hue Street (La Rue de Hue).
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James Street.
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Janvrin Road.
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St. John’s Road (New) as far as Northumberland House.
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Kensington Place (La Rue de Georges).
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King Street (La Rue de Derrière).
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King’s Cliff, as far as Pouquelaye Road.
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King’s Cliff (Upper).
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Le Hocq Lane (La Rue du Hocq).
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La Chasse (La Rue de Madagascar).
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Lemprière Street.
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Library Place (Le Coin ès Cochons).
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La Motte Street (La Rue de la Motte).
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Lane connecting Lewis Street and Peirson Road.
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Lane connecting New St. John’s Road and Old St.
John’s Road.
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|
Lane connecting Coast Road and St. Aubin’s Road at
Millbrook (La Rue du Galet).
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Lane from Mary Street to Douro Terrace.
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|
Lane to Palace Hotel, Bagatelle.
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Lane connecting Wellington Road and Bon Air.
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|
Lane connecting Sand Street and Seale Street.
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|
Lane connecting Lewis Street and Kensington Place.
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|
Mont des Vignes to Blanc Pignon.
|
|
Market Hill, St. Aubin’s (La Rue du
Moëstre).
|
|
Mont les Vaux to St. Brelade’s Central Schools.
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|
Market Place, St. Aubin’s.
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|
Mont Cochon, as far as Old Mont Cochon.
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Mary Street.
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Mount Bingham as far as Gates to New Park.
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Midvale Road.
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|
Minden Place (La Rue de la Foire).
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Minden Street.
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Mont Millais (Rouge Rue).
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Mulcaster Street.
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|
New Cut (Le Bel aux Anes).
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|
New Street (La Rue Durell, puis Chemin
Neuf).
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Old Mont Cochon Hill from New Mont Cochon Hill to Eglantine.
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Pontorson Lane (La Rue du
Pouilliétaut).
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Peirson Place.
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|
Parade (Les Mielles).
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Parade Place.
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Parade Road.
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Payn Street, as far as White’s Stores.
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Peel Road.
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Peirson Road.
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Pitt Street.
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Plaisance Road.
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Plat Douet Road.
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Poonah Road.
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Queen Street (La Rue ès Porcs).
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Queen’s Road to a point 500 yards from Rouge Bouillon.
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Royal Crescent.
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Ralegh Avenue.
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Roseville Street (Le Long Bouet).
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Rouge Bouillon.
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Samarès Lane.
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St. Mark’s Road.
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Sand Street (La Rue des Sablons).
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Saville Street.
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St. Aubin’s Road from St. Helier to St. Aubin’s (La
Route de La Haule).
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St. Clement’s Main Road (from Samarès Lane to
Church Mount).
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St. Saviour’s Road as far as Government House (La Rocque
Mollet).
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Seale Street (La Rue Seale).
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Seaton Place (La Seatonnerie).
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Simon Place.
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Snow Hill (La Pompe de Haut).
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Springfield Road.
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Stopford Road.
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Tower Road (Le Mont Coutanche).
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Trinity Road.
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Trinity Hill as far as Le Sommet.
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Union Street.
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Union Court.
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Upper Clarendon Road.
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Vine Park.
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Val Plaisant (La Rue du Val).
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Vallée-des-Vaux Main Road as far as Spring Bank.
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Vauxhall Street (La Rue à La Dame
Blanche).
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Victoria Street.
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Vine Street (La Rue des Vignes).
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Waterloo Street.
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Wellington Road.
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West Park Avenue.
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Windsor Road.
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York Street (La Planque Billot).
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A central point in each of the rural Parishes.
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Schedule 2
Being the Schedule
(referred to in Article 30) Declaratory of the terms and conditions upon
which –
(a) the Harbours and Airport Committee (in this Schedule
referred to as the “Committee”) is entitled to be supplied with
electric current by the Company, and
(b) the Company is entitled to occupy as a
tenant, certain property owned by the States of Jersey, and administered by the
Committee.
(1) As
from the date (hereinafter referred to as the “given date”) of the
promulgation of the present Law, the Company shall supply and the Committee
shall take all electrical energy that may be required by the Committee for the
regular working of all the electrical machinery and plant in and upon and for
the lighting of the Piers, Harbours and Slaughter Houses and of all and every
of the Committee’s undertakings present and future in the Island of
Jersey, subject to Clause 10, provided always that if the nearest distributing
main of the Company capable of supplying the requirements of the Committee be
distant more than 50 yards from the site of the undertaking of the Committee
for which a supply of electric current is required by the Committee, then the Committee
shall be at liberty either to generate its own electrical requirements for that
particular undertaking from any person, body of persons, or Company other than
the Company, and the Committee shall continue to be at liberty so to generate
or to purchase its electrical requirements for that particular undertaking
notwithstanding the fact that the Company subsequently installs a distributing
main capable of supplying the requirements of the Committee within the said distance
of 50 yards.
(2) The
Committee shall pay for each kilowatt hour consumed by its undertakings during
any year at a rate equivalent to the cost of generation of current during the
actual year of account with an addition of 2.5%. Provided always that so long
as the Company regularly operates generating machinery at the Albert Pier for
Public supplies, the amount payable by the Committee shall in no case exceed 2
pence per unit with fuel oil costing £4.75 per ton, and that the limit of
2 pence per unit shall be varied up or down according to the variations in
price of fuel oil above or below £4.75 per ton, such variation being at
the rate of one hundredth part of one penny for every 10 pence per ton
variation in the price of fuel oil above or below the said £4.75 per ton
delivered into the Company’s tanks.
(3) The
cost of generation of current shall be ascertained by adding together the
following items –
(a) Generation of electricity, wherever
generated;
(b) Rentals, rates and taxes; and
(c) Management expenses,
and dividing the total of
these several amounts by the total number of kilowatt hours sold by the Company
for all purposes.
(4) The
items (a), (b) and (c) shall be ascertained from the audited Statement of
Accounts, Profit and Loss Account, and Revenue Account of the Company for the
actual year of account, and the items so ascertained, and all books, vouchers
and documents relating thereto, shall be subject to any examination or
examinations by the Committee or any of its officers or any other person authorized
in writing by the Committee for the purpose. Provided always that the Committee
shall make to the Company during the year of account quarterly payments on
account based on the estimated costs during the year of account; such quarterly
payments on account being subject to the respective rights of the Committee on
the one hand and of the Company on the other hand to make such adjustments as
may be necessary so soon after the actual year of account as the actual
liability can be ascertained. Provided also that there shall be excluded from
the items (a), (b) and (c) any items of cost relating to Hire or Hire Purchase
of apparatus.
(5) The
minimum annual amount payable by the Committee to the Company shall be as
follows –
During each of the first 3
years, dating from the coming into operation of the present Agreement:
£1,000. During each of the next 3 years: £900; and £800 per
annum thereafter, until the termination of the present Agreement.
(6) The
Committee shall supply at its own cost all direct and alternating current
meters and other instruments necessary for measuring the supply of electrical
energy, and shall fix and maintain the same in such positions as may be agreed
upon between the Engineer of the Company and the Engineer of the Committee;
such meters and other instruments necessary for measuring being provided with 2
locks with different wards, the key of one lock to be retained by the Engineer
of the Company and the key of the other lock to be retained by the Engineer of
the Committee.
(7) The
cables necessary for the transmission of the electric current necessary for all
and every of the Committee’s undertakings within the limits of the parish
of St. Helier shall be brought by the Committee to the terminals of the Company
situated upon the site occupied by the Company under the terms of this Schedule,
and all necessary connections shall be made by the Company at the expense of
the Committee.
(8) Should
the Committee require electric current for any of the Committee’s
undertakings outside the limits of the said parish of St. Helier, then, subject
always to the proviso contained in clause (1) of this Schedule, the cables
necessary for the transmission of such current shall be brought by the Committee
to the nearest distributing main of the Company, and all necessary connections
shall be made by the Company at the expense of the Committee.
(9) The
electrical energy supplied by the Company to the Committee for the purposes of
the Piers and Harbours of St. Helier and their appurtenances shall be direct
current at a pressure of 480 volts for power, and of 240 volts for lighting
(such pressures being taken at the terminals of the Company). Provided always
that the Committee shall be at liberty at any time to elect to be supplied in
any one year by the Company with any portion not exceeding 100 kilowatts of the
electric energy required for the purposes of the said Piers and Harbours of St.
Helier and their appurtenances in the form of alternating current at a pressure
of 415 volts for power and of 240 volts for lighting. The electrical energy
supplied by the Company to the Committee for purposes other than the said Piers
and Harbours of St. Helier and their appurtenances shall be alternating current
at a pressure of 415 volts for power and 240 volts for lighting.
Nothing in this Clause
shall deprive the Committee of the right to require to be supplied with
electrical energy in the form of alternating current to a greater amount than
100 kilowatts, and on receiving notification of this requirement the Company,
with all reasonable despatch, will submit terms on which the additional power
would be supplied and failing agreement on such terms the matter shall be
referred to arbitrations as provided by Article 33.
(10) The
Company shall provide and maintain all plant, including spares, necessary to
give the supply provided under this Schedule; the plant to include all
necessary batteries, balancers, boosters and switchgear of such capacity as may
be necessary to give a reliable supply. Provided always that the maximum demand
of such supply shall not exceed 300 kilowatts, unless otherwise agreed between
the Committee and the Company, and the Company shall be at liberty to adjust
its circuit breakers to operate at 330 kilowatts with a time lag of 5 seconds.
(11) The
Company shall be at liberty to cut off the supply after having given previous
notice of its intentions so to do, and at such time or times as may be agreed
upon by the Committee, for the purpose of adding to, altering or repairing any
apparatus, and the Company shall not be responsible for any claims or damages
in respect of such interruption.
(12) Whenever
the Company makes default in supplying electrical energy to the Committee it
shall be liable in respect of each default to a penalty not exceeding
£2.50 for each day on which the default occurs, provided that the penalty
to be inflicted on the Company under this clause shall in no case exceed in the
aggregate in respect of any one default (not being wilful defaults) on the part
of the Company the sum of £5, and provided also that in no case shall any
penalty be inflicted in respect of any default if, on the matter being referred
to his, her or their decision, an Arbitrator or Arbitrators appointed in
accordance with Article 33 is or are of the opinion that the default was
caused by strikes, lockouts, fires, or other causes beyond the control of the
Company or was of so slight or unimportant a character as not materially to
affect the value of the supply.
(13) As
from the given date the Company shall be entitled to occupy, as a tenant, such
portions of the property situate near the Albert Quay in the parish of St.
Helier owned by the States of Jersey and administered by the Committee as are
delineated and marked “pink” and “blue” upon a plan, 2
copies whereof have been prepared and signed, for the purposes of
identification, by the Greffier of the States (the portion marked
“pink” being the portion of the said property which was leased to
the Company by contract passed before the Royal Court of Jersey on
the 20th day of December, 1924, and the portion marked
“blue” being the portion of the said property which was leased to
the said Company by Contract passed before the Royal Court of Jersey on the 8th
day of March 1930).
(14) The
Company shall pay to the Committee in respect of the property so occupied a
yearly rental of £300, payable as due on the usual quarter-days in 4
equal quarterly payments of £75 each, the first quarterly payment being
due and payable on the quarter-day next following the given date, provided
always that if a full quarter shall not have elapsed between the given date and
the quarter-day next following the given date, then the first payment of rental
shall be reduced proportionately.
(15) Notwithstanding
anything in this Schedule contained, the Company shall, upon giving to the
Greffier of the States 12 calendar months’ previous notice in writing of
its intention so to do, be at liberty to surrender to the Committee upon any
quarter-day that portion of the said property which is marked
“blue” upon the plan referred to in Clause 13, and if the said portion
of the said property shall be so surrendered by the Company to the Committee as
aforesaid, then, as from the quarter-day upon which surrender shall take
effect, the yearly rental of £300, mentioned in Clause 14 shall be
reduced to a yearly rental of £200 payable by the Company to the Committee
as due on the usual quarter-days in 4 equal quarterly payments of £50 each.
(16) The
Committee shall keep the said property wind and water tight and in good
tenantable repair externally.
(17) The
Company shall be responsible for all other repairs, including any extraordinary
repairs which may become necessary owing to vibration of or other damage caused
by the machinery of the Company. The Company shall not carry out any structural
alterations without the previous consent in writing of the Engineer of the Committee.
(18) The
Committee reserves to itself, to its Officers and workpeople the right to visit
and enter upon the said property at all reasonable times for the purposes of
inspecting the same or of carrying out thereon any repairs which the Committee
may desire to effect.
(19) The
Company shall be at liberty at any time with the previous written consent of
the Committee, which consent shall not unreasonably be withheld, to remove the
whole or any part of the machinery, plant and appurtenances in use by the
Company in relation to its undertaking generally, whether imbedded in the soil
or otherwise.
(20) The
Company shall, whenever its right to occupy any portion of the said property
shall cease as aforesaid, reinstate the said portion of the said property in
the condition in which it was prior to the leasing thereof to the Company, fair
wear and tear and damage by fire or the elements alone excepted. The
obligations of the Company under this present clause shall include the
reinstatement, at their original levels, of any floors removed, damaged or
destroyed.
(21) The
Committee shall give to the Company facilities, free of charge, for laying and
maintaining a pipe to convey its fuel oil from the Quay to the said property,
and the Company shall immediately make good, to the satisfaction of the Committee,
any damage caused by the Company to any property or roads under the
administration of the Committee.
(22) The
said leases passed before the Royal Court of Jersey on the said 20th day
of December 1924, and 8th day of March 1930, together with the
Agreements for the supply of electric current by The Jersey Electricity Company
Limited to the Committee therein contained, shall cease and determine as from
the given date, and the terms and conditions of the present Schedule be
substituted therefor.
(23) The
respective rights, duties and obligations of the Committee towards and against
the Company and of the Company towards and against the Committee shall continue
in force for the period of 42 years from the given date, save and except upon
the happening of the events provided for in Article 29(3) of the present Law,
in which case the respective rights, duties and obligations of the Committee
and of the Company shall cease as and from the termination of the concession
granted by this present Law.
(24) If
at any time any difference of opinion or dispute shall arise between the Committee
and the Company as to any matter or thing in this Schedule contained, the same
shall be referred to Arbitration in accordance with the provisions of Article 33.
(25) If,
during the existence of this agreement, any circumstances arise which in the
opinion of the Committee or of the Company have increased or decreased, or
which may increase or decrease the cost to the Company of generating and
supplying electrical energy to the Committee as compared with the cost at the
given date, and if, owing to the nature of such circumstances, the increase or
decrease in cost is not or will not be automatically reflected in cost of
current as ascertained under the agreement, the Committee or Company may, as
from such date on which they give 6 months’ previous written notice,
demand a revision of the terms of payment under Clauses 2, 3, 4 and 5, and if
the parties fail to agree upon the amount of any such increase or decrease, the
question shall be referred to Arbitration as provided for in Clause 24,
provided that such claims shall not be made at intervals of less than 5 years.
Schedule 3
Annual Rentals Payable
Under ArtICLEs 11 and 12[28]
|
Poles of
whatever type, with all attachments, in hedges or waste
........................................................................
|
5p.
|
|
Poles, single, A.H. or
Rutter in arable land ......................
|
20p.
|
|
Stays or struts in
arable land, each ...................................
|
3p
|
|
Underground Cable per
100 yards ...................................
|
5p
|
|
Special Structures:
|
By
agreement. Or, failing agreement, at an annual rental to be fixed by the
Experts of the parish in which such proposed
special structures are situated; in this connection, the word
“Experts” shall be deemed to mean the persons acting as Experts
for the purposes of the Law on Parochial
Taxation for the time being in force.
|
|
|
|