STATES OF JERSEY
r
Exclusivity of postal services within Jersey: termination of Agreement between the States of Jersey and the United Kingdom
Lodged au Greffe on 14th February 2006
by the Minister for Economic Development
STATES GREFFE
PROPOSITION
THE STATES
are asked to decide whether they are of opinion -
having
regard to the proposed commencement of the provisions of the Postal Services
(Jersey) Law 2004, on 1st April 2006, to approve the signature by the Minister
for Economic Development of the draft agreement annexed hereto, to terminate
the agreement made between the Postmaster General and the Greffier of the
States of 15th August 1969.
MINISTER FOR ECONOMIC DEVELOPMENT
REPORT
This draft Agreement will have the effect of ending
the existing Agreement, made on 15th August 1969 (the 1969 Agreement), by
virtue of which the exclusive privilege conferred on the Post Office by
section 3 of the Post Office Act 1953 to provide postal services was
surrendered, in respect of the Bailiwick of Jersey, and the administration of
those services was to be provided, instead, by the States of Jersey. The
Agreement, made between the Postmaster General (on behalf of the U.K.
Government) and the Greffier of the States can be found in Schedule 1 to
the Postal Services (Jersey) Order 1969 (the 1969 Order). The continued
existence of the 1969 Agreement and the 1969 Order is, of course, inconsistent
with the provisions of the Postal Services (Jersey) Law 2004[1]. The 1969 Order will be revoked by a further Order in
Council, in due course, but the 1969 Agreement has an independent existence and
revocation of the Order will not automatically terminate it, hence the need for
the draft Agreement, which the States are now asked to consider.
The 1969 Agreement should, ideally, be terminated
concurrently with the commencement of the Postal Services (Jersey) Law 2004,
which is planned for 1st April 2006. This Report and Proposition should,
therefore, be considered by the States on the same day as those for the Draft
Postal Services (Transfer) (Jersey) Regulations 200- and the Draft Postal
Services (Jersey) Law Appointed Day (No. 2) Act 200-.
AN
AGREEMENT made the
of
2006
BETWEEN
The
Secretary of State for Trade and Industry (the Secretary of State) on behalf
of the Government of the United Kingdom of Great Britain and Northern Ireland
of the one part;
AND
The Minister
for Economic Development (the Minister) on behalf of the States of Jersey of
the other part.
Whereas on 15th August 1969, the Right Honourable John
Thomson Stonehouse M.P., Her Majestys Postmaster General on behalf of Her
Majesty and Alfred Durrell Le Brocq, Greffier of the States on behalf of
the States of Jersey, made an Agreement (the Agreement) which made provision
that the exercise within the Bailiwick of Jersey of the exclusive privilege
conferred on the Post Office be surrendered and the administration in the
Bailiwick of Jersey of postal services be by or under the authority of the
States of Jersey instead of by the Post Office;
Whereas on 1st April 2006, the Postal Services
(Jersey) Law 2004 (the 2004 Law) comes into force in full (with the exception
of Article 33 which is not relevant for these purposes);
Whereas Paragraph 1 of Schedule 2 to the
2004 Law provides that the exclusive privilege of the States of Jersey (within
the meaning of Article 2 of the Post Office (Jersey) Law 1969) is removed;
Whereas by the Act of [day] [month] [year] [insert reference] the
States of Jersey, have given their approval for the Minister to terminate the
Agreement on behalf of the States of Jersey;
And whereas the Secretary of State is duly authorised
to terminate the Agreement on behalf of Her Majesty.
NOW IT IS
HEREBY AGREED as follows:
The Agreement shall be terminated with
effect from 1st April 2006.
signed by
Alan Johnson
Secretary of State for Trade and
Industry
date
signed by
Philip Francis Cyril Ozouf
Minister for Economic Development
date
[1] The 1969 Order also amended provisions of
the 1953 Act and the Post Office Act 1969, in their application to Jersey.
States Members may also wish to know that there is a further Order in Council
made in 1969 relating, in part, to local postal services the Postal
Services (Channel Islands Consequential Provisions) Order 1969 which
made further provision in relation to the application of provisions of the 1969
Act to the Channel Islands. To the extent that this Order applies to Jersey,
it, too, is inconsistent with the 2004 Law and will be revoked by a further
Order in Council. This Order can be found at the end of the 1969 Order in the
Revised Edition of the Laws, on the JLIB website. [ www.jerseylegalinfo.je ]