Revocation of Agreement with HM Government for grant of exclusivity in postal services

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A decision made (10.02.06) to bring to the States Assembly a Report and Proposition ending the exclusivity provisions in postal services agreed in 1969 with HM Government.

Subject:	Economic Development – Revocation of Agreement with HM Government for Grant of Exclusivity in Postal Services to the States of Jersey
Decision Reference:	MD-E-2006-0017		Exempt clause(s):	n/a
Type of Report: (oral or written)	Written		Person Giving Report (if oral):	n/a
Telephone or e-mail Meeting?	n/a		Report File ref:
Written report – Title	Economic Development Revocation of Postal Exclusivity Agreement
Written report – Author (name and job title)	Jason Lane, Director of Regulatory Services
Decision(s): The Minister agrees to bring to the Assembly a Report and Proposition (Appendix A) ending the exclusivity provisions in Postal Services agreed in 1969 with HM Government and sanctioned by Order in Council of that date. This Proposition needs to be debated concurrently with the Postal Services (Jersey) Law 2004 Appointed Day Act (No2) and the Postal Services (Transfer) (Jersey) Regulations 200-.
Reason(s) for decision: It is necessary for the Minister to gain the approval of the States requesting the repeal of the relevant Order in Council so that the ending of the exclusivity privilege recognised in the Postal Services (Jersey) Law 2004 does not create a legal conflict.
Action required: (i) Jason Lane to inform Richard Whitehead, Principal Legal Adviser, that the Minister intends to lodge the Report & Proposition and to request that the Principal Legal Adviser conclude these proceedings through the official channel to the Department of Constitutional Affairs in London. Mike Entwistle, Chief Minister’s Department, Richard Bell, Treasury & Resources Department and the Chief Executive of Jersey Post to be informed. (ii) Jason Lane to forward to the Assistant Greffier and the Publications Editor by email Appendix A for reformatting and presentation to the States concurrently with the aforementioned Postal Services legislation. (iii) To be lodged au Greffe on Tuesday 14 February 2006.
Signature: Senator Philip Ozouf (Minister for Economic Development)		Date of Decision: 10 February 2006

Revocation of Agreement with HM Government for grant of exclusivity in postal services

TERMINATION OF THE AGREEMENT BETWEEN THE

STATES OF JERSEY AND THE GOVERNMENT OF THE

UNITED KINGDOM IN RESPECT OF THE EXCLUSIVITY

OF PROVISION OF POSTAL SERVICES WITHIN

THE BAILIWICK OF JERSEY

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 the 15th August 1969.

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 UK 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 Act (No. 2) 200-.

Dr Jason Lane, Director of Regulatory Services

Economic Development

8 February 2006 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 Majesty’s 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.