Amendment to P13/06: Revocation of Agreement with HM Government for Grant of Exclusivity in Postal Services to the States of Jersey.

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A decision made (07/04/2006) regarding Amendment to P13/06: Revocation of Agreement with HM Government for Grant of Exclusivity in Postal Services to the States of Jersey.

Subject:	Amendment to P13/06: Revocation of Agreement with HM Government for Grant of Exclusivity in Postal Services to the States of Jersey
Decision Reference:	MD-E-2006-0062		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	Amendment to P13/06: 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 revised 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: The amendment needs to be lodged in order to reflect the delay to incorporation caused by the decision of the Economic Affairs Scrutiny Panel to scrutinise the fulfilment policy and the effects upon incorporation of Jersey Post.
Action required: (i) Jason Lane to inform Richard Whitehead, Principal Legal Adviser, of the change of date and to request that the Principal Legal Adviser inform the appropriate authorities 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.
Signature: Senator Philip Ozouf (Minister)		Date of Decision: 7 April 2006

Amendment to P13/06: Revocation of Agreement with HM Government for Grant of Exclusivity in Postal Services to the States of Jersey.

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

REPORT

This amendment to the draft Agreement is necessary to take account of the referral of the fulfilment policy and its effects upon incorporation of Jersey Post to scrutiny by the Economic Affairs Scrutiny Panel. The only changes are to the proposed date of incorporation which has been changed, of necessity, to 1st July 2006.

This draft Agreement will have the effect of ending the existing Agreement which granted an exclusive privilege to the States of Jersey for provision of postal services within the Bailiwick of Jersey, as agreed between the Postmaster General (on behalf of the UK Government) and the Greffier of the States in 1969.

That Agreement must be replaced if the Postal Services (Jersey) Law 2004 is to come fully into force on 1st July 2006. This new Agreement, together with the Draft Postal Services (Transfer) (Jersey) Regulations 200- must, therefore, be considered for debate by the States on the same day as it debates the draft Postal Services (Jersey) Law Appointed Day Act (No.2).

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 July 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 their 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 July 2006.

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signed by

Alan Johnson

Secretary of State for Trade and Industry

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date

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signed by

Philip Francis Cyril Ozouf

Minister for Economic Development

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date