Statutory Instruments

1964 No. 58

TELEGRAPHS

The Tribunals and Inquiries (Jersey) Order 1964

Made

20th January 1964

Coming into Operation

1st May 1964

At the Court at Buckingham Palace, the 20th day of January 1964

Present,

The Queen's Most Excellent Majesty in Council

Her Majesty, in pursuance of section 9(8) of the Tribunals and Inquiries Act 1958, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

1. The provisions of subsections (1) to (4) and (9) of section 9 of the Tribunals and Inquiries Act 1958 shall extend to the Bailiwick of Jersey so far as they relate to proceedings in the said Bailiwick of the tribunal established under section 9 of the Wireless Telegraphy Act 1949 (as extended to the said Bailiwick by the Wireless Telegraphy (Channel Islands) Order 1952(1) as modified in the manner set out in the Schedule to this Order:

Provided that, on and after the day on which paragraph (1) of Article 12 of the Court of Appeal (Jersey) Law 1961 comes into force (which Article vests in the Court of Appeal established by that Law the appellate jurisdiction in any civil cause or matter hitherto vested in the Superior Number of the Royal Court), the said provisions shall so extend as if for the references to the Superior Number of the Royal Court in subsections (2), (3) and (4) there were substituted references to the said Court of Appeal.

2. This Order may be cited as the Tribunals and Inquiries (Jersey) Order 1964 and shall come into operation on 1st May 1964.

W. G. Agnew

SCHEDULEFORM IN WHICH SECTION 9(1) TO (4) AND (9) OF THE TRIBUNALS AND INQUIRIES ACT 1958 EXTENDS TO THE BAILIWICK OF JERSEY

“(1) If any party to proceedings before the tribunal established under section 9 of the Wireless Telegraphy Act 1949, as extended to the Bailiwick of Jersey by the Wireless Telegraphy (Channel Islands) Order 1952, is dissatisfied in point of law with a decision of the tribunal given on or after 1st May 1964, he may, according as rules of court may provide, either appeal therefrom to the Inferior Number of the Royal Court or require the tribunal to state and sign a case for the opinion of the Inferior Number of the Royal Court.

(2) Rules of court made with respect to the said tribunal may provide for authorising or requiring the tribunal, in the course of proceedings before it taking place on or after 1st May 1964, to state, in the form of a special case for the decision of the Inferior Number of the Royal Court, any question of law arising in the proceedings, and a decision of the Inferior Number of the Royal Court on a case stated by virtue of this subsection may, subject to subsection (4) of this section, be taken on appeal to the Superior Number of the Royal Court.

(3) In relation to proceedings in the Inferior Number or the Superior Number of the Royal Court brought by virtue of this section the power to make rules of court shall include power to make rules prescribing the powers of the Inferior Number or the Superior Number of the Royal Court with respect to—

(a)the giving of any decision which might have been given by the tribunal;

(b)the remitting of the matter with the opinion or direction of the court for rehearing and determination by the tribunal;

(c)the giving of directions to the tribunal.

(4) No appeal to the Superior Number of the Royal Court shall be brought by virtue of this section except with the leave of the Inferior Number or the Superior Number of the Royal Court.

(9) In this section the expression “decision” includes any direction or order, and references to the giving of a decision shall be construed accordingly. ”

EXPLANATORY NOTE

This Order extends, with the necessary modifications, to proceedings in the Bailiwick of Jersey the provisions of section 9 of the Tribunals and Inquiries Act 1958 relating to appeals to the High Court from the appeal tribunal constituted under section 9 of the Wireless Telegraphy Act 1949 (which is concerned with interference).

(1)

(1952 III, p. 3414).