Regulatory Authority (Jersey) Law 2001
A LAW to constitute a body corporate
to be known as the Jersey Competition Regulatory Authority and for matters
In this Law, unless the context
otherwise requires –
the Jersey Competition Regulatory Authority established by Article 2;
“Comptroller and Auditor General” has the same meaning
as in the Comptroller and Auditor General (Jersey) Law 2014;
means financial year of the Authority, being the period beginning with the day
on which Article 2 comes into force and ending with 31st December in the
following year, and each subsequent period of 12 months ending with 31st
December in each year;
power, authority and duty;
member of the Authority;
“Minister” means the Chief Minister.
Jersey Competition Regulatory Authority is established.
Authority shall be a body corporate with perpetual succession and a common seal
and may –
and be sued in its corporate name;
into contracts and acquire, hold and dispose of any property; and
far as is possible for a body corporate, exercise the rights, powers and
privileges and incur the liabilities and obligations of a natural person of
full age and capacity.
application of the common seal of the Authority shall be authenticated by the
signature of a person authorized by the Authority to sign on its behalf and
every document bearing the imprint of the seal of the Authority shall be deemed
to be properly sealed unless the contrary is proved.
as this Law provides to the contrary, the Authority shall be independent of the
Minister and of the States and neither the Minister nor the States shall be
liable for any act or omission or debt or other obligation of the Authority.
Authority may regulate its own proceedings.
Authority shall consist of –
member appointed by the Minister as Chairman of the Authority; and
or more other members appointed by the Minister after he or she has consulted
the member who has been appointed as Chairman.
(2) A person
is not disqualified from holding office as a member because the person is an
officer, employee or agent of the Authority.
(3) Article 2
of the States of Jersey (Appointment Procedures) (Jersey) Law 2018 shall apply to the
appointment of the Chairman of the Authority.
(3A) The Minister
shall notify the States of the appointments that the Minister has made under
(4) The rights and obligations of
the Authority, and the performance of its functions, shall not be affected by
any vacancy in its membership or any defect in the appointment of a member.
of appointment of members
member shall hold and vacate office in accordance with the terms of the
member shall be appointed for a period not exceeding 5 years and upon expiry of
such period shall be eligible for reappointment.
member may at any time resign his or her office by giving notice in accordance
with the terms of the member’s appointment.
States may, on the recommendation of the Minister, revoke the appointment of
the member appointed as Chairman if the States are satisfied that the
been absent from meetings of the Authority for a period longer than 6
consecutive months without the permission of the Authority;
neglected the duties of a member or has engaged in misconduct;
an undischarged bankrupt; or
incapacitated by physical or mental illness.
Minister may revoke the appointment of a member, other than the member
appointed as Chairman, if the Minister is satisfied that any of the
circumstances referred to in paragraph (4)(a) – (d) apply to the
(6) Article 3
of the States of Jersey (Appointment Procedures) (Jersey) Law 2018 shall
apply to the termination of the appointment of a member of the Authority, other
than the Chairman.
Authority shall pay to the members –
remuneration as the Minister determines; and
the Minister so determines, reasonable out-of-pocket or other expenses
occasioned in the course of carrying out their duties.
Authority shall also make for the members (or persons who have been members)
such provision (if any) for pensions, allowances or gratuities, and payments
when special circumstances arise, as the Minister directs.
Authority shall have such functions as are conferred on it by or under this or
any other Law or any other enactment.
Authority may recognize or establish, or assist or encourage the establishment
of, bodies that have expertise in, or represent persons having interests in,
any matter concerning competition, monopolies, utilities or any matter
connected with the provision of goods or services to which the
Authority’s functions relate.
functions of those bodies shall include one or more of the
provision to the Authority of advice, information and proposals in relation to
any one or more of those matters;
representation of the views of any one or more of those persons.
Authority may, on request by the Minister, provide the Minister with reports,
advice, assistance and information in relation to any matter referred to in paragraph (2).
Authority shall have power to do anything that is calculated to facilitate, or
is incidental or conducive to, the performance of any of its functions.
Authority may establish committees whose members may, but need not, be members,
officers, employees, or agents, of the Authority.
(2) A committee
of the Authority may itself establish sub-committees whose members may, but
need not, be members of the committee or members, officers, employees, or
agents, of the Authority.
Authority may appoint such officers, employees and agents as it considers
necessary for the performance of its functions.
Authority may –
those appointments on such terms as to remuneration, the payment of expenses,
and other conditions of service, as it thinks fit; and
and maintain such schemes or make such other arrangements as it thinks fit for
the payment of pensions and other benefits in respect of its officers and
Authority may delegate any of its functions under this or any other enactment
wholly or partly to –
officer or employee of the Authority; or
(d) a committee
whose member or members are drawn only from the members, officers and employees
of the Authority.
in this Article shall authorize the Authority to delegate –
power of delegation; or
function of reviewing any of its decisions.
delegation of any functions under this Article –
not prevent the performance of those functions by the Authority itself; and
be amended or revoked by the Authority.
10 Minister may
guide or direct Authority in certain matters
Minister may, if he or she considers that it is desirable in the public
interest to do so, give to the Authority written guidance, or general written
directions, on matters relating to corporate governance, that is, relating to
the system and arrangements by and under which the Authority is directed and
matters may include matters relating to accountability, efficiency, and economy
of operation, of the Authority, but not matters relating directly to the
performance of the Authority’s licensing or regulatory functions or its
functions under Article 6(2) or (4).
particular, but without limiting paragraphs (1) and (2), the guidance or
directions may relate to conflicts of interest, the accounts of the Authority
and their audit, borrowing by the Authority and the investment of the funds of
shall be the duty of the Authority to have regard to any guidance, and to act
in accordance with any directions, given to it by the Minister under this Article.
Minister shall not give guidance or directions under this Article without first
consulting the Authority.
11 Public Finances (Administration) (Jersey)
12 Fees and charges
The Authority may charge, retain and apply in the performance of its
and charges of such amounts, paid by such persons, and paid in such manner, as
may be specified by or under this or any other enactment;
for the performance of its function under Article 6(4);
fees and charges (not inconsistent with this or any other enactment) of such
amounts, paid by such persons, and paid in such manner, as may be decided by
the Authority in respect of any service, item, or matter, that does not arise
under this or any other enactment; and
fees and charges (not inconsistent with this or any other enactment) as may be
agreed between the Authority and any person for whom the Authority provides
advice, assistance or other services under this or any other enactment, in
respect of the advice, assistance or other services.
13 Grants to
States may make a grant to the Authority from their annual income towards the
expenses of the formation of the Authority and its initial expenses.
respect of each financial year, the States may make a grant to the Authority
from their annual income towards the Authority’s expenses in performing
any of its functions.
amount of any grant referred to in paragraph (1) or (2) shall be
determined by the Minister for Treasury and Resources on the recommendation of
the Chief Minister made after consultation with the Authority.
determining that amount, the Minister for Treasury and Resources shall have
regard to the actual financial position and the projected financial position of
making that recommendation, the Chief Minister shall have regard to the actual
financial position and the projected financial position of the Authority.
14 Consent to
Authority shall not borrow money without the consent of the Chief Minister.
Minister for Treasury and Resources may, on such terms as he or she may
determine, on behalf of the States –
the liabilities of the Authority; or
money to the Authority.
Minister for Treasury and Resources may act under paragraph (2) only on
the recommendation of the Chief Minister.
15 Guidelines on
The Authority shall, in investing any of its funds, comply with any
guidelines specified by the Minister.
16 Exemption from
The income of the Authority shall not be liable to income tax under
the Income Tax (Jersey) Law 1961.
17 Accounts and
Authority shall –
proper accounts and proper records in relation to the accounts; and
accounts in respect of each financial year and, after the accounts have been
audited in accordance with paragraph (3), provide these to the Minister as
soon as practicable after the end of the financial year to which they relate,
but in no case later than 4 months after the end of that year.
Minister shall lay a copy of the accounts so provided before the States as soon
as practicable after the Minister receives the report.
accounts of the Authority shall –
audited by auditors appointed in respect of each financial year by the Comptroller
and Auditor General; and
prepared in accordance with generally accepted accounting principles and show a
true and fair view of the profit or loss of the Authority for the period to
which they relate and of the state of the Authority’s affairs at the end
of the period.
(4) Article 113
of the Companies (Jersey) Law 1991 shall apply to an auditor
and the auditor’s appointment referred to in this Article as if the
Authority were a company within the meaning of the first-mentioned Article and
the appointment were under Article 109 of that Law.
18 Annual report
Authority shall prepare a report on its activities in each of its financial
Authority shall provide the Minister with the report as soon as practicable
after the end of the financial year to which the report relates, but in no case
later than 4 months after the end of that year.
Minister shall lay a copy of the report so provided before the States as soon
as practicable after the Minister receives the report.
19 Limitation of
(1) A person
or body to whom this Article applies shall not be liable in damages for
anything done or omitted in the performance or purported performance of any
functions of the Authority conferred by or under this Law or any other
enactment, or any other functions conferred by or under this Law, unless it is
shown that the act or omission was in bad faith.
Article applies to the following –
Minister or any person who is, or is acting as, an officer, employee or agent
of the Authority, or performing any function on behalf of the Authority;
Authority, any member of the Authority, or any person who is, or is acting as,
an officer, employee or agent of the Authority or performing any function on
behalf of the Authority.
Minister may by Order make provision for the purpose of carrying this Law into
(2) An Order
made under this Law may –
different provision in relation to different cases or circumstances; and
such transitional, consequential, incidental or supplementary provisions as
appear to the Minister to be necessary or expedient for the purposes of the Order.
Subordinate Legislation (Jersey)
Law 1960 shall apply to Orders made
under this Law.
This Law may be cited as the Competition Regulatory Authority
(Jersey) Law 2001.