Draft Road Works and Events (Jersey) Law 201-: Lodging

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A decision made on 2 December 2015:

Decision Reference: MD-T-2015-0095
Decision Summary Title :	Draft Road Works and Events (Jersey) Law 201_		Date of Decision Summary:	26 November 2015
Decision Summary Author:	Streetworks Manager		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Draft Road Works and Events (Jersey) Law 201_		Date of Written Report:	26 November 2015
Written Report Author:	Streetworks Manager		Written Report : Public or Exempt?	Public
Subject: Draft Road Works and Events (Jersey) Law 201_
Decision(s): The Minister approved the draft Law and instructed that it be lodged in the States.
Reason(s) for Decision: The draft Law is essential in enabling the Island’s highway authorities to make further improvements to the regulation of ‘road based activities’. In addition it will provide simplified, more resource effective administration tools and sustainable funding of their regulatory role through appropriate cost recovery.
Resource Implications: None
Action Required: The Greffier of the States to be requested to arrange for the draft Law to be lodged “au Greffe” for subsequent debate by the States on 19 January 2016.
Signature:		Position: Minister for Transport and Technical Services
Date Signed:		Date of Decision (If different from Date Signed):

Draft Road Works and Events (Jersey) Law 201-: Lodging

TRANSPORT AND TECHNICAL SERVICES

DRAFT ROAD WORKS AND EVENTS (JERSEY) LAW 201-

Purpose

To obtain approval for the proposed draft Law to be lodged (see attached Report), with a view to presenting the Law to the States for adoption on 19 January 2016.

Background

Following an extensive consultation process (see attached ‘Record of Law Development’) the draft Law is now ready for lodging.

The draft law has also been the subject of an offences, penalties and European Convention on Human Rights (“ECHR”) compliance review (as implemented under the Human Rights (Jersey) Law 2000) by the Law Officers. The Law Officers’ notes confirm that the draft Law is compatible with ECHR and a ‘Human Rights statement’ is with the Ministerial Decision for signing.

The draft Law and Report were presented to the States Corporate Management Board on 17 November 2015 and the Council of Ministers on 25 November 2015 and approved for lodging.

Discussion

Within Jersey, Transport and Technical Services (TTS) has responsibility for looking after the Island’s network of strategic main roads, with each of the twelve Parishes having responsibility for looking after local byroads.

The proposed law sponsored by TTS, with the support of the Parishes, is principally designed to make improvements to the regulation of ‘road based activities’ that either impact road users in terms of delays and reduced safety, or the roads themselves as a publicly funded asset. The law divides into two main areas, with the principal part dealing with ‘road works’ and the other with ‘road events’ (including motor vehicle racing). The law’s high level objectives are to provide the Island’s highway authorities with:

Greater powers and sanctions to manage road based activities more effectively;
Clear institutional responsibilities;
Simplified, more resource effective administration tools; and
Sustainable funding of their regulatory role through appropriate cost recovery, in particular the introduction of a road work permit fee.

In preparing the legislative instruction and the draft Law, TTS has been careful to work in partnership with the Parishes and utility companies (as principal stakeholders), to ensure that their interests have been taken into account at all stages. TTS has also actively sought to involve Scrutiny, both at the pre-instruction and drafting stages.

Formal consultation with respect to the principal law has now finished and drafting is complete, along with pre-instruction consultation with respect to secondary legislation and road work permit fees. Therefore, TTS is seeking permission to lodge the draft Law with the Greffe by, or before, 08 December 2015, with a view to presenting the draft Law to the States sitting on 19 January 2016.

Conclusion

The draft Law is essential in enabling the Island’s highway authorities to make further improvements to the regulation of ‘road based activities’. In addition it will provide simplified, more resource effective administration tools and sustainable funding of their regulatory role through appropriate cost recovery.

Financial and Staffing Implications

There are no additional manpower, revenue or capital requirements arising from the draft Law for the States or Parishes.

Recommendation

To approve the lodging of the draft Law with a view to presenting it to the States on 19 January 2016.

Written by:

Streetworks Manager

Approved by:

Director of Engineering and Infrastructure

Attachments:

Report

Record of Law Development

European Convention On Human Rights - Statement of Compatibility

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