(CHOSES PUBLIQUES) (JERSEY) LAW 1993
A LAW to
amend the customary law of the Island to enable the granting of permits for the
exclusive possession and use of certain areas of land to which the public of
the Island has access and to amend the Highways (Jersey) Law 1956, sanctioned
by Order of Her Majesty in Council of the
23rd day of JUNE 1993
(Registered on the
2nd day of July 1993)
STATES OF JERSEY
The 16th day of March 1993
STATES, subject to
the sanction of Her Most Excellent Majesty in Council, have adopted the
following Law –
(1) In this Law, unless the
context otherwise requires –
has the same meaning as “chemin vicinal”
in the “Loi (1914) sur
“chose publique” means any area of land over which the
public has, under the customary law of the Island, the right to pass and repass without let or hindrance, whether on foot or with
animals or vehicles, including any highway, but excluding any park or sea
officer” means a member of the Honorary Police or the States of Jersey
in this Law to any enactment are references to that enactment as amended from
time to time.
Permits to occupy
to the provisions of this Law, and notwithstanding any rule of customary law to
the contrary, the Connétable of the parish in
which a “chose publique” is situated may
(a) in relation to a
“chose publique” which is a by-road;
(b) in relation to a
“chose publique”, which is under the
administration of the Public Services Committee, with the consent of that
grant to any
person a permit authorizing that person to have the exclusive occupation of any
land comprising that “chose publique” or
a part thereof, during the hours mentioned and for the purposes described in
the permit and subject to any conditions imposed therein.
permit under this Article shall, unless an earlier date is specified therein,
expire on the thirty-first day of December next following the date of its grant
but may be withdrawn by the Connétable who
granted it –
(a) at any time, by giving
thirty days’ written notice accordingly to the holder of the permit;
(b) without notice, if, in
the opinion of the Connétable, an emergency
has arisen, or is likely to arise, which requires the immediate withdrawal of
permit under this Article may be granted subject to such conditions as the Connétable may think fit to impose and to the
payment of such reasonable fee as the Connétable
fee paid for the grant of a permit under this Article shall be applied towards
the cost of maintenance of the by-roads of the parish concerned.
any person contravenes or fails to comply with a condition imposed in a permit
under this Article he shall be guilty of an offence and liable to a fine not
exceeding five hundred pounds.
public right of access, etc.
to paragraph (2) of this Article and notwithstanding any rule of customary law
to the contrary, at any time during which the holder of a permit granted under
that Article is entitled under that permit to occupy the area of land to which
the permit relates no person shall have the right to pass and repass over, whether on foot or with animals or vehicles or
be on, that area of land unless he does so, or is there, with the consent,
express or implied, of the holder of the permit.
(1) of this Article does not apply to –
(a) a police officer, an
officer of the Impôts or an immigration
officer, acting in the course of his duty;
(b) a member of the fire,
ambulance or other emergency service, acting in the course of his duty;
(c) a person lawfully
exercising any power conferred by any enactment or lawfully discharging any
function or duty on behalf of a Committee of the States or a parochial
(d) a vehicle or animal
which is in the charge of any of the above-mentioned persons.
Highways (Jersey) Law 1956
(Jersey) Law 1956 shall be amended as set out in the Schedule to this Law.
Short title and
This Law may be
cited as the Customary Law (Choses Publiques) (Jersey) Law 1993 and shall come into force on
such day as the States may by Act appoint.
Greffier of the States.
OF HIGHWAYS (JERSEY) LAW 1956
Article 2, after the words “this Law”
insert the words “and the Customary Law (Choses
Publiques) (Jersey) Law 1993,”.
Article 4 –
(a) in paragraph (1) for
the word “The” substitute the words “Subject to paragraph
(1A) of this Article, the”;
(b) after paragraph (1)
insert the following paragraph –
“(1A) The highway authority shall
not grant a licence under this Article authorizing
the placing of anything below, on or above a highway or a part of a highway
which is for the time being the subject of a permit granted under the Customary
Law (Choses Publiques)
(Jersey) Law 19934 except on the application of the
holder of the permit”.