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Electricity (Jersey) Law 1937

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1 Jersey Law 31/1937 [ELECTRICITY (JERSEY) LAW, 1937.]1 ____________ LOI accordant certains Pouvoirs, Droits, Privilèges et Obligations à la Société dite: “The Jersey Electricity Company Limited,” confirmée par Ordre de Sa Majesté en Conseil, en date du 22 OCTOBRE 1937. ____________ (Entériné le 27 novembre 1937). ____________ AUX ETATS DE L’ILE DE JERSEY. ____________ L’An 1937, le 6 avril. ____________ CONSIDERANT que par Actes des Etats en date du 8 juillet 1936 1° le Greffier des Etats fut autorisé à exercer définitivement la faculté d’acquisition de l’entier du capital ordinaire de la Société “Jersey Electricity Company Limited”, enregistrée en vertu de certain Acte de la Cour Royale, en date du 5e jour d’avril mil neuf cent vingt-quatre, en conformité des Lois sur les Sociétés à Responsabilité Limitée, passées par les Etats et confirmées par Sa Très Excellente Majesté en Conseil de 1861 à 1922;2 2° il fut décidé que les trente-cinq mille actions d’une livre Sterling, chacune, formant l’entier du dit capital ordinaire de ladite Société “Jersey Electricity Company Limited” seraient, lors de leur transfert aux Etats, enregistrées et tenues aux noms de Monsr. Herbert Frank Ereaut, 1 Title substituted by the Electricity (Amendment) (Jersey) Law, 1954 (Volume 1954–1956, page 189). 2 Tomes I–III, page 232. 1937–1938, 263–307. 2 Jersey Law 31/1937 [Electricity (Jersey) Law, 1937] Trésorier des Etats, et Hedley Le Riche Edwards, Ecuier, Greffier des Etats, pour et au nom des Etats de cette Ile; Considérant que ladite Société est établie dans l’Ile depuis l’année 1925 et que depuis cette date elle fournit la force électrique à une partie de l’Ile, laquelle partie augmente de plus en plus; Considérant que la fourniture de force électrique est une entreprise d’utilité publique, et qu’il est avantageux et désirable que ladite force électrique soit à la disposition des habitants de l’Ile entière; Considérant que les pouvoirs droits, privilèges et obligations de ladite Société ne sont pas établis ou gouvernés par autorité statutaire. Et considérant qu’il est expédient que les pouvoirs nécessaires soient octroyés à ladite Société et que ses droits, privilèges et obligations soient clairement définis sous des conditions sauvegardant les droits du public; LES ETATS ont résolu, moyennant la sanction de Sa Très Excellent Majesté en Conseil, d’adopter la Loi suivante: - DEFINITION ARTICLE 1 DEFINITION For the purposes of the present Law the word “Company” shall mean the “Jersey Electricity Company Limited” registered by Act of the Royal Court dated April 5, 1924, in accordance with the provisions of the Laws governing Limited Liability Companies (1861 to 1922).3 POWERS 3 Tomes I–III, page 232. 3 Jersey Law 31/1937 [Electricity (Jersey) Law, 1937] ARTICLE 2 POWER TO OPEN AND MAKE USE OF ROADS Subject to the provisions of the present Law the Company shall at all reasonable times as from the date of the promulgation of the present Law have the right to break up and make use of the public roads, streets and lanes of the Island, 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 the Island 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 present Law, and accordingly the Company shall by virtue of this present Law become the Undertakers as defined in the English Electricity Acts for the purposes of the Jersey Electricity Undertaking. ARTICLE 3 OPENING OF ROADS The Company may, under the supervision of the competent authority, take up paving and dig trenches in the public roads, streets and lanes of the Island. 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. 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, and subject to the permission of the 4 Jersey Law 31/1937 [Electricity (Jersey) Law, 1937] competent authority, to make use of all earth and materials removed from the said public roads, streets or lanes. ARTICLE 4 NOTICE OF OPENING TO BE GIVEN Before exercising the power conferred upon it by Article 2 or 3 of the present Law, the Company shall give notice in writing to the Constable of the Parish concerned, and, in the case of a road under the control of the States, to the President of the Main Roads Committee,4 and the said Constable or President shall not refuse consent to the carrying out of such work, unless he has valid reasons for such refusal. Except in case of emergency and in the case of connections to individual consumers, the above notices shall be delivered at least ten days before the commencement of the work. In the case of services to individual consumers, the Company shall give forty-eight hours notice of its intention of opening the roadway to the Constable of the Parish. MAINS AND LINES TO CONFORM WITH REGULATIONS OF COMMISSIONERS All mains and transmission lines shall be laid in compliance with the Regulations of the English Electricity Commissioners for similar mains and lines for the time being in force. The position of any appliance above road level shall be subject to the approval of the competent road authority. ARTICLE 5 STREET WORK TO SATISFY LOCAL AUTHORITY All excavations or other works undertaken by the Company in the public roads, streets or lanes, as well as the temporary or permanent reinstatement of the said roads, streets or lanes, shall be carried out to the satisfaction of the competent road authority, provided always that the said 4 Functions transferred to Public Works Committee by Act of the States dated 5th March, 1946 (R & O – 1458). 5 Jersey Law 31/1937 [Electricity (Jersey) Law, 1937] authority shall have the right, at its absolute discretion, to carry out the work of reinstatement at the cost of the Company. The Company shall moreover conform to such directions as the competent authority may give for the purpose of allowing traffic in any road broken up in virtue of this Law. ARTICLE 6 OVERHEAD LINES The Company shall also have the right to erect poles, pillars, lamp posts, suspended lamps, and other appliances upon the public roads, streets or lanes, and to carry overhead lines, suspended lamps, and other appliances necessary for the carrying on of its undertaking over and along the public roads, provided always that such overhead lines, lamps and appliances shall comply with the Regulations of the English Electricity Commissioners for the time being in force, and that no permanent damage be caused to any pipes, sewers or gutters which may already exist in the said public roads. [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 Constable 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 Main Roads Committee, 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 Committee may think fit to impose.]5 The Company may place against or attach to any house, building or wall lawfully indicated to it by the Constable of the Parish, any street lamps or other appliances for public lighting; and this without the 5 Paragraph and proviso inserted by Electricity (Amendment) (Jersey) Law, 1954 (Volume 1954– 1956, page 190). 6 Jersey Law 31/1937 [Electricity (Jersey) Law, 1937] 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 Constable of the Parish and the competent Committee of the States 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. ARTICLE 7 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 Constable and Roads Committee of the Parish concerned, or, in the case of a roadway under the control of the States, with the Main Roads Committee or an official designated by it.
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