Fuel and Electricity (Control) Act 1973 (Jersey) Order 1973
Jersey Order in Council 28/1973
FUEL AND ELECTRICITY (CONTROL) ACT 1973 (JERSEY)
ORDER 1973.
____________
(Registered on the 28th day of December, 1973).
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At the Court at Buckingham Palace.
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19th December, 1973.
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Present
The Queen’s Most Excellent Majesty in Council.
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HER MAJESTY, in exercise of the powers
conferred upon Her by section 9 of the Fuel and Electricity
(Control) Act 1973, 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 Fuel and Electricity (Control) Act 1973 (Jersey) Order 1973 and shall come into operation
forthwith.
2. The
Interpretation Act
1889 shall apply for the interpretation of this Order as it
applies for the interpretation of an Act of Parliament.
3. The
Fuel and
Electricity (Control) Act 1973 shall extend to the Bailiwick of
Jersey subject to the exceptions, adaptations and modifications specified in
the Schedule to this Order.
W.G. AGNEW
SCHEDULE
(Article 3)
EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS TO THE FUEL AND
ELECTRICITY (CONTROL) ACT 1973
1. Any
reference to the Fuel
and Electricity (Control) Act 1973 shall be construed as a
reference to that Act as extended to the Bailiwick of Jersey by this Order.
2. For
the words “Secretary of State”, wherever they occur, there shall be
substituted the words “the Defence
Committee”.
3. For
section 4(2) there shall be substituted the following provision: -
“(2) At
any time while an order under section 2(1) of this Act is in force the Defence Committee may grant a general or special authority
for the doing, during the whole or any part of the period for which the order
is in force, of all or any of the things mentioned in the following paragraphs
and a person acting under and in accordance with such an authority may then
–
(a) use, or cause to permit the use of,
any motor vehicle on any route as an omnibus without any licence,
permit, agreement or consent otherwise required and notwithstanding in
particular that a licence has not been granted to the
operators of the motor vehicle to operate an omnibus on the route in question
in accordance with the provisions of the Motor Traffic (Jersey)
Law, 1935 (as amended);
(b) drive a public service vehicle
without being licensed so to do under the said Law.”.
4. In
section 4(3) for the words “Her Majesty may by Order in Council”
there shall be substituted the words “The States of Jersey may by
Act”.
5. Section
4(4), (5) and (6) shall be omitted.
6. For
section 5 there shall be substituted the following sections: -
“APPLICATION OF PROVISIONS OF
DEFENCE (JERSEY) REGULATIONS, 1954 AS
CONTINUED IN FORCE
5.-(1) The following Regulations set out in
Part V of Schedule 2 to the Defence (Jersey) Regulations (Continuance) Order, 1960,
as continued in force by the Defence (Jersey) Regulations (Continuance) Order, 1964,
that is to say Regulations 82 (false documents and false statements), 84
(restrictions on disclosing information), 87(3) (permits, licences,
etc.), 91 (offences by corporations), 97 (service of notices) and 98
(revocation and variation of orders, etc.), shall have effect for the purposes
of this Act as if in those provisions any reference to a Regulation were a
reference to this Act; and in the following provisions of this Act any
reference to an offence under this Act shall be construed as including an
offence under the provisions applied by this sub-section.
(2) The
supplementary provisions of paragraphs 2 and 4 of Schedule 3 to the said
Order of 1960 shall have effect for the purposes of this Act as if in those
provisions –
(a) any reference to such Regulation as
is mentioned in paragraph 1 of the said Schedule 3 were a reference to
this Act (including the provisions applied by subsection (1) above); and
(b) any reference to British ships or
aircraft not being excepted ships or aircraft or to persons on board such a
ship or aircraft were omitted.
PRODUCTION OF DOCUMENTS
5A.-(1) For the purposes –
(a) of securing compliance with any
order made or direction given under this Act by or on behalf of the Defence Committee; or
(b) of verifying any estimates, returns
or information furnished to the Defence Committee in
connection with this Act or any order made or direction given thereunder,
an officer for the time being of the Defence
Committee duly authorised in that behalf shall have
power, on producing (if required to do so) evidence of his authority, to
require any person carrying on an undertaking or employed in connection with an
undertaking to produce to the officer forthwith any documents relating to the
undertaking which the officer may reasonably require for the purposes set out
above in this section.
(2) The
power conferred by this section to require any person to produce documents
shall include power –
(a) if the documents are produced
–
(i) to
take copies of them or extracts from them, and
(ii) to require
that person, or, where that person is a body corporate, any other person who is
a present or past officer of, or is employed by, the body corporate, to provide
an explanation of any of them;
(b) if the documents are not produced,
to require the person who was required to produce them to state, to the best of
his knowledge and belief, where they are.
(3) If
the Bailiff is satisfied, on information on oath given on behalf of the Defence Committee that there are any reasonable grounds for
suspecting that there are on any premises any documents of which production has
been required by virtue of the foregoing provisions of this section and which
have not been produced in compliance with that requirement, the Bailiff may
issue a warrant authorising any police officer,
together with any other persons named in the warrant and any other police
officers, to enter the premises specified in the information (using such force
as is reasonably necessary for the purpose) and to search the premises and take
possession of any documents appearing to be such documents as aforesaid, or to
take in relation to any documents so appearing any other steps which may appear
necessary for preserving them and preventing interference with them.
(4) Every
warrant issued under the last preceding subsection shall continue in force
until the end of the period of one month after the date on which it is issued.
(5) Any
documents of which possession is taken under subsection (3) of this section may
be retained for a period of three months or, if within that period there are
commenced any proceedings for an offence under this Act to which they are
relevant, until the conclusion of those proceedings.
(6) Any
person who obstructs the exercise of any right of entry or search conferred by
virtue of a warrant under subsection (3) of this section, or who obstructs the
exercise of any rights so conferred to take possession of any documents shall
be guilty of an offence under this Act.”.
7. In
section 6(1) for the words “subject, however” to the end there
shall be substituted the following words:
-
“Provided that where a person is charged with an offence by
reason of a failure to comply with a requirement to produce documents imposed
under subsection (1) of section 5A of this Act, it shall be a defence to prove that the documents were not in his
possession or under his control and that it was not reasonably practicable for
him to comply with the requirement.”.
8. Section
6(3) shall be omitted.
9. In
section 6(4) the words “on summary conviction” shall be omitted.
10. Section
7 shall be omitted.
11. For
section 8 there shall be substituted the following section: -
“INTERPRETATION
8. In
this Act ‘the Defence Committee’ means
the Defence Committee of the States of Jersey,
‘enactment’ means any provision contained in a Law, Regulation or
Order in force in the Bailiwick of Jersey and ‘petroleum’ includes
any mineral oil or relative hydro-carbon and natural gas existing in its
natural condition in strata, but does not include coal or bituminous shales or
other stratified deposits from which oil can be extracted by destructive
distillation.”.
12. Section
9 shall be omitted.
13. Section
10(5) shall be omitted.
14. Section
11(2) shall be omitted.
FUEL AND ELECTRICITY (CONTROL) ACT 1973.
CHAPTER
67.
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ARRANGEMENT
OF SECTIONS
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Section
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1.
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Application of Act.
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2.
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Powers of control.
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3.
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Documents and information.
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4.
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Power to relax statutory and contractual
obligations, etc.
|
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[5.
|
Application of provisions of Defence (Jersey)
Regulations, 1954 as continued in force.]
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[5A.
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Production of documents.]
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6.
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Offences and penalties.
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* * * * * * * *
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[8.
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Interpretation.]
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* * * * * * * *
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10.
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Duration of Act.
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11.
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Short title and extent.
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ELIZABETH II
1973 CHAPTER 67
AN ACT to make temporary provision
for controlling the production, supply, acquisition and use of certain
substances and of electricity; and for purposes connected with those matters.
[6th December, 1973.]
BE IT ENACTED by the Queen’s Most
Excellent Majesty, by and with the advice and consent of the Lords Spiritual
and Temporal, and Commons, in this present Parliament assembled, and by the
authority of the same, as follows:
-
APPLICATION OF ACT
1.-(1) This Act applies to the following
substances –
(a) petroleum and any substance derived
from petroleum; and
(b) any substance, whether solid,
liquid or gaseous, not falling within paragraph (a) above but used as fuel, whether for the propulsion of vehicles
or for industrial, domestic or any other purposes.
(2) The following
provisions of this Act apply in relation to electricity as they apply in
relation to the substances mentioned in subsection (1) above.
POWERS OF CONTROL
2.-(1) [The Defence
Committee] may by order provide –
(a) for regulating or prohibiting the
production, supply, acquisition or use of any substance to which this Act
applies;
(b) for regulating the price at which
petroleum or any substance derived from petroleum may be supplied.
(2) [The Defence Committee] may give directions –
(a) to any person carrying on business
as a producer of a substance to which this Act applies, as to the production
and use of that substance;
(b) to any person carrying on business
as a supplier of such a substance, as to the supply by him of that substance;
and
(c) to any person carrying on a
business involving the use of such a substance, as to the use by him of that
substance for the purposes of that business.
(3) Without
prejudice to the generality of subsection (2) above –
(a) a direction under subsection (2)(a) above may prohibit or restrict the
use of any material for the production of a substance to which this Act applies
and may extend to the disposal of stocks of such a substance or of any such
material;
(b) a direction under subsection (2)(b) above may prohibit or restrict the
supply of any substance to which this Act applies to persons specified in the
direction or to persons other than those so specified and may require the
supply of any such substance to such persons as may be so specified in
accordance with such requirements as may be so specified and, if the substance
is petroleum or a substance derived from petroleum, at such prices as may be so
specified; and
(c) a direction under subsection (2)(c) above may prohibit or restrict the
use of any substance to which this Act applies for such purposes or during such
periods as may be specified in the direction or for purposes or during periods
other than those so specified.
DOCUMENTS AND INFORMATION
3. [The Defence Committee] may, by directions given with respect to
any undertaking, or order made with respect to any class of undertaking,
require the person carrying on the undertaking or persons carrying on
undertakings of that class –
(a) to keep such books, accounts and
records relating to a substance to which this Act applies as may be prescribed
by the directions or order or by a notice served under the order;
(b) to furnish, at such times, in such
manner and in such form as may be so prescribed, such estimates, returns or
information relating to a substance to which this Act applies as may be so
prescribed.
POWER TO RELAX STATUTORY AND CONTRACTUAL OBLIGATIONS, ETC
4.-(1) Any person supplying or using a
substance to which this Act applies may, if authorised
to do so by [the Defence Committee] by any general or
special authority granted for the purpose, and while acting in accordance with
that authority, disregard or fall short in discharging any obligation imposed
by or under any enactment, or any contractual obligation, relating to or
involving the supply or use of that substance.
[(2) At any time while
an order under section 2(1) of this Act is in force the Defence
Committee may grant a general or special authority for the doing, during the
whole or any part of the period for which the order is in force, of all or any
of the things mentioned in the following paragraphs and a person acting under
and in accordance with such an authority may then –
(a) use, or cause to permit the use of,
any motor vehicle on any route as an omnibus without any licence,
permit, agreement or consent otherwise required and notwithstanding in
particular that a licence has not been granted to the
operators of the motor vehicle to operate an omnibus on the route in question
in accordance with the provisions of the Motor Traffic (Jersey)
Law, 1935, as
amended;
(b) drive a public service vehicle
without being licensed so to do under the said Law.]
(3) [The States of
Jersey may by Act] make provision for modifying or excluding any obligation or
restriction imposed, or extending any power conferred, by or under any
enactment which directly or indirectly affects the supply or use of a substance
to which this Act applies.
* * * * * * * *
[APPLICATION OF PROVISIONS OF DEFENCE (JERSEY)
REGULATIONS, 1954 AS CONTINUED IN FORCE
5.-(1) The following Regulations set out in
Part V of Schedule 2 to the Defence (Jersey) Regulations (Continuance) Order, 1960, as continued in force by the Defence (Jersey)
Regulations (Continuance) Order, 1964,
that is to say Regulations 82 (false documents and false statements), 84
(restrictions on disclosing information), 87(3) (permits, licences,
etc.), 91 (offences by corporations), 97 (service of notices) and 98
(revocation and variation of orders, etc.), shall have effect for the purposes
of this Act as if in those provisions any reference to a Regulation were a
reference to this Act; and in the following provisions of this Act any
reference to an offence under this Act shall be construed as including an
offence under the provisions applied by this subsection.
(2) The
supplementary provisions of paragraphs 2 and 4 of Schedule 3 to the said
Order of 1960 shall have effect for the
purposes of this Act as if in those provisions –
(a) any reference to such Regulation as
is mentioned in paragraph 1 of the said Schedule 3 were a reference to
this Act (including the provisions applied by sub-section (1) above); and
(b) any reference to British ships or
aircraft not being excepted ships or aircraft or to persons on board such a
ship or aircraft were omitted.
PRODUCTION OF DOCUMENTS
5A.-(1) For the purposes –
(a) of securing compliance with any
order made or direction given under this Act by or on behalf of the Defence Committee; or
(b) of verifying any estimate, returns
or information furnished to the Defence Committee in
connection with this Act or any order made or direction given thereunder,
an officer for the time being of the Defence
Committee duly authorised in that behalf shall have
power, on producing (if required to do so) evidence of his authority, to
require any person carrying on an undertaking or employed in connection with an
undertaking to produce to the officer forthwith any documents relating to the
undertaking which the officer may reasonably require for the purposes set out
above in this section.
(2) The power
conferred by this section to require any person to produce documents shall
include power –
(a) if the documents are produced
–
(i) to
take copies of them or extracts from them, and
(ii) to require
that person, or, where that person is a body corporate, any other person who is
a present or past officer of, or is employed by, the body corporate, to provide
an explanation of any of them;
(b) if the documents are not produced,
to require the person who was required to produce them to state, to the best of
his knowledge and belief, where they are.
(3) If the Bailiff
is satisfied, on information on oath given on behalf of the Defence
Committee that there are any reasonable grounds for suspecting that there are
on any premises any documents of which production has been required by virtue
of the foregoing provisions of this section and which have not been produced in
compliance with that requirement, the Bailiff may issue a warrant authorising any police officer, together with any other
persons named in the warrant and any other police officers, to enter the
premises specified in the information (using such force as is reasonably
necessary for the purpose) and to search the premises and take possession of
any documents appearing to be such documents as aforesaid, or to take in
relation to any documents so appearing any other steps which may appear
necessary for preserving them and preventing interference with them.
(4) Every warrant
issued under the last preceding subsection shall continue in force until the
end of the period of one month after the date on which it is issued.
(5) Any documents
of which possession is taken under subsection (3) of this section may be
retained for a period of three months or, if within that period there are
commenced any proceedings for an offence under this Act to which they are
relevant, until the conclusion of those proceedings.
(6) Any person who
obstructs the exercise of any right of entry or search conferred by virtue of a
warrant under subsection (3) of this section, or who obstructs the exercise of
any rights so conferred to take possession of any documents shall be guilty of
an offence under this Act.]
OFFENCES AND PENALTIES
6.-(1) Any person who –
(a) contravenes, or fails to comply
with, this Act or any order made, direction given or requirement imposed under
it; or
(b) wilfully
obstructs any person exercising a power, or performing a duty, conferred or
imposed on him under this Act;
shall be guilty of an offence under this Act:
[Provided that where a person is charged with an offence by reason
of a failure to comply with a requirement to produce documents imposed under
subsection (1) of section 5A of this Act, it shall be a defence
to prove that the documents were not in his possession or under his control and
that it was not reasonably practicable for him to comply with the requirement.]
(2) Without
prejudice to the operation of any other enactment, any person who attempts to
commit, conspires with any other person to commit, or does any act or makes any
statement preparatory to the commission of, an offence under this Act shall be
guilty of an offence under this Act.
* * * * * * * *
(4) Any
person guilty of an offence under this Act shall be liable * * * * to
imprisonment for a term not exceeding three months, or to a fine not exceeding
£400, or to both.
* * * * * * * *
[INTERPRETATION
8. In this Act
“the Defence Committee” means the Defence Committee of the States of Jersey,
“enactment” means any provision contained in a Law, Regulation or
Order in force in the Bailiwick of Jersey and “petroleum” includes
any mineral oil or relative hydro-carbon and natural gas existing in its
natural condition in strata, but does not include coal or bituminous shales or
other stratified deposits from which oil can be extracted by destructive
distillation.]
* * * * * * * *
DURATION OF ACT
10.-(1) Sections 1 to 8 of this Act shall
continue in force until 30th November 1974 and shall then expire unless
continued in force under the following provisions of this section.
(2) Her Majesty
may, at any time while those sections are no longer in force, by Order in
Council provide that they shall come into force again on such date as may be
specified in the Order and for such period not exceeding one year as may be so
specified.
(3) Her Majesty
may, at any time while those sections are in force, by Order in Council provide
that they shall continue in force, for such period not exceeding one year as
may be specified in the Order, beyond the date on which they would otherwise
expire.
(4) An Order in
Council under this section may be varied or revoked by a subsequent Order in
Council.
* * * * * * * *
(6) Upon the
expiry of sections 1 to 8 of this Act section 38(2) of the Interpretation Act 1889
(effect of repeals) shall apply as if those sections had been repealed by
another Act.
SHORT TITLE AND EXTENT
11.-(1) This Act may be cited as the Fuel and Electricity
(Control) Act 1973.
* * * * * * * *