Telecommunications (Amendment) (Jersey) Law 2006

A LAW to amend the Telecommunications (Jersey) Law 2002.

Adopted by the States                                              31st January 2006

Sanctioned by Order of Her Majesty in Council            7th June 2006

Registered by the Royal Court                                     23rd June 2006

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

1        Interpretation

In this Law “principal Law” means the Telecommunications (Jersey) Law 2002.[1]

2        Article 8 amended

In Article 8 of the principal Law –

(a)     in paragraph (6) for the words “cause a copy of that notification to be published in the Jersey Gazette or in such other manner as the States by Regulations prescribe.” there shall be substituted the words “take reasonable steps to bring the purport of that notification to the attention of the public.”;

(b)     after paragraph (8) there shall be inserted the following paragraph –

“(9)    The requirement in paragraph (6) shall be taken to have been satisfied by the publication in the Jersey Gazette of the notification, but this is not the only way in which that requirement may be satisfied.”.

3        Article 10 amended

After Article 10(2) of the principal Law there shall be inserted the following paragraphs –

“(3)    The inclusion (otherwise than by virtue of Article 18) of any condition in a licence is taken, for the purposes of this Part, to be part of the grant of the licence.

(4)     Paragraph (3) is included only for the avoidance of doubt.”.

4        Article 11 amended

In Article 11 of the principal Law –

(a)     for paragraph (6)(c) there shall be substituted the following sub-paragraph –

“(c)    in every case (including the case referred to in sub-paragraph (a) or (b)) – by taking reasonable steps to bring the proposed exercise to the attention of the public, coupled with making available for inspection full details of the proposed exercise in such place as is specified in taking those steps.”;

(b)     for paragraph (7)(c) there shall be substituted the following sub-paragraph –

“(c)    in a case where the exercise relates to a licence, or approval, held or to be held by a person not named in the licence or approval, by taking reasonable steps to bring the exercise to the attention of the person, coupled with making available for inspection full details of the exercise in such place as is specified in taking those steps.”;

(c)     for paragraph (8) there shall be substituted the following paragraph –

“(8)    The Authority shall, on demand, make a document, full text, or full details, referred to in this Article available for inspection by members of the public at reasonable hours and, on demand, supply copies of it, or them, to members of the public at reasonable cost.”;

(d)     after paragraph (11) there shall be inserted the following paragraph –

“(12)  The requirement in paragraph (6)(c) (or (7)(c)) to take reasonable steps to bring the proposed exercise to the attention of the public (or to bring the exercise to the attention of the person) shall be taken to have been satisfied by the publication in the Jersey Gazette of notice of the proposed exercise (or exercise), but this is not the only way in which that requirement may be satisfied.”.

5        Article 13 substituted

For Article 13 of the principal Law there shall be substituted the following Article –

“13    Delay in implementation

(1)     A person who lodges notice of an appeal in accordance with this Part against the exercise of a specified regulatory function may, if the exercise has not taken effect before the notice is lodged, include in that notice application for an order for a delay in the exercise.

(2)     If a notice of appeal includes such an application, the exercise shall not take effect earlier than the seventh day after the Court determines the application.

(3)     The Court shall consider the application as a matter of urgency.

(4)     The Court may grant the application if it considers that there are, prima facie, reasonable grounds for the appeal and that the balance of convenience in the case lies in favour of ordering the delay.

(5)     The Court may order that the delay shall cease to have effect at a time after the date of its order and specified (whether by reference to the date when the Court determines the appeal or to any other date, event or formula) in its order.

(6)     If the Court’s determination is to refuse the application, the exercise shall take effect on the later of the following days –

(a)     the seventh day after the determination;

(b)     the date on which the exercise was to have taken effect according to the notices given by the Authority about the exercise,

unless the Court decides to allow the appeal against the exercise before the later of those days.

(7)     For the purposes of this Article, an appeal against an exercise of a specified regulatory function, so far as it concerns the imposition of any condition contained in an approval or licence (as referred to in Article 12(1)(b) or (d)), amounts to an appeal against the grant of the approval or licence.”.

6        Article 18(3)(a) substituted

For Article 18(3)(a) of the principal Law there shall be substituted the following sub-paragraph –

“(a)    may only be a condition that a licence may contain by virtue of Article 16; and”.

7        Citation and commencement

This Law may be cited as the Telecommunications (Amendment) (Jersey) Law 2006 and shall come into force on the seventh day following its registration.

M.N. DE LA HAYE

Greffier of the States

 


 



[1]                                    chapter 06.288


Page Last Updated: 04 Jun 2015