Regulation of Utilities (Bailiwick of Guernsey) Law, 2001

Section 13A was inserted by the Regulation of Utilities (Bailiwick of © States of Guernsey Consolidated text Guernsey) (Amendment) Law, 2007, section 6, with effect from 9th November, 2009. [Access to records, etc, of Office of Director General. 13B. (1) The Director General shall, if given reasonable notice, and at all reasonable times during ordinary business hours, give any permitted person access to – (a) the premises, (b) the records, accounts and other documents, and (c) the officers and servants, of the Office of the Director General. (2) Permitted persons are members, officers, servants and other representatives of the Public Accounts Committee or the States Internal Audit service. (3) Access under subsection (1) – (a) is subject to such reasonable restrictions as the Director General may impose, and (b) is to be given only to the extent necessary to enable the Public Accounts Committee or (as the case may be) the States Internal Audit service to exercise their respective functions, powers and mandates – © States of Guernsey Consolidated text (i) under or in relation to this Law or any Sector Law, or (ii) in relation to the Office of the Director General. (4) The duty to give access under subsection (1) includes – (a) in the case of premises, a duty to permit entry and inspection, (b) in the case of documents, a duty – (i) to produce them and to permit their inspection, copying and removal, and (ii) to give an explanation of them or, if documents are missing, of their whereabouts, (c) in the case of officers and servants, a duty – (i) to allow a permitted person to ask them questions, (ii) to require them to answer such questions, and (iii) to require them to accord a permitted person all reasonable assistance and facilities for the purposes of his visit.] © States of Guernsey Consolidated text NOTE

Section 13B was inserted by the Regulation of Utilities (Bailiwick of Guernsey) (Amendment) Law, 2007, section 6, with effect from 9th November, 2009. PART V APPEALS Establishment of the Utility Appeals Panel and Tribunal. 14. (1) ... (2) ... (3) ... (4) ... (5) ... (6) ... (7) ... (8) ... (9) The States may by Ordinance amend the provisions of this section. NOTE © States of Guernsey Consolidated text In section 14, subsections (1) to (8) were repealed by the Regulation of Utilities (Bailiwick of Guernsey) (Amendment) Ordinance, 2007, section 2, with effect from 28th March, 2007, subject to the savings in section 17 of the 2007 Ordinance. Right of appeal. 15. (1) A person aggrieved by a decision of the Director General made in the exercise of his functions and powers, being a decision of a description set out in subsection (2), may (subject to the provisions of any Sector Law) appeal against the decision to [the Royal Court] on any of the grounds set out in subsection (3). (2) The decisions of the Director General against which an appeal shall lie under this section are, subject to the provisions of any Sector Law, decisions of the following descriptions – (a) to refuse to grant a licence, (b) to impose a licence condition, (c) that a licensee has a dominant position in a relevant market, (d) to amend or modify a licence, (e) to revoke a licence, or (f) to impose a direction, requirement or other sanction under this Law or any Sector Law. © States of Guernsey Consolidated text (3) The grounds of an appeal under this section shall be – (a) that an error of law has been made, (b) that a material error as to the facts has been made, (c) that there was a material procedural error, or (d) that there was some other material irregularity, including unreasonableness or lack of proportionality. (4) An appeal under this section shall be instituted – (a) within a period of [28 days] immediately following the date of the Director General's decision, (b) by summons served on the Director General stating the grounds and material facts on which the appellant relies. (5) On an appeal under this section, [the Royal Court] may – (a) dismiss the appeal, or (b) quash the decision of the Director General, and, where [the Royal Court] quashes the decision of the Director General, it may remit the matter to him with a direction to reconsider it and reach a decision in accordance with the findings of [the Royal Court]. © States of Guernsey Consolidated text (6) The effect of a decision to which an appeal under this section relates shall not, except where [the Royal Court] orders otherwise, be suspended in consequence of the bringing of the appeal. (7) The Director General may, where an appeal under this section is not determined by [the Royal Court] within a period of three months immediately following the date of the summons by which the appeal was instituted, apply to [the Royal Court], by summons served on the appellant, for an order that the appeal be dismissed for want of prosecution; and upon hearing such an application [the Royal Court] may – (a) dismiss the appeal or dismiss the application (in either case upon such terms and conditions as [the Royal Court] may direct), or (b) make such other order as [the Royal Court] considers just. [(7A) For the purposes of determining an appeal under this section, the Royal Court – (a) may appoint one or more assessors to assist it, and (b) is properly constituted by the Bailiff sitting unaccompanied by the Jurats.] (8) The States may by Ordinance amend the provisions of this section. © States of Guernsey Consolidated text NOTES In section 15, the words in square brackets in, first, subsection (1), second, paragraph (a) of subsection (4) and, third, subsection (5), subsection (6) and subsection (7) were substituted by the Regulation of Utilities (Bailiwick of Guernsey) (Amendment) Ordinance, 2007, respectively section 3, section 4 and section 5, with effect from 28th March, 2007, subject to the savings in section 17 of the 2007 Ordinance; subsection (7A) was inserted by the Regulation of Utilities (Bailiwick of Guernsey) (Amendment) Ordinance, 2007, section 6, with effect from 28th March, 2007, subject to the savings in section 17 of the 2007 Ordinance. [Appeals from Royal Court to Court of Appeal. 16. (1) A person aggrieved by a decision of the Royal Court on an appeal under section 15 may, with leave of the Royal Court or Court of Appeal, appeal to the Court of Appeal on a question of law. da (2) Section 21 of the Court of Appeal (Guernsey) Law, 1961 ("powers of a single judge") applies to the powers of the Court of Appeal to give leave to appeal under this section as it applies to the powers of the Court of Appeal to give leave to appeal under Part II of that Law.] NOTE

Section 16 was substituted by the Regulation of Utilities (Bailiwick of Guernsey) (Amendment) Ordinance, 2007, section 7, with effect from 28th March, 2007, subject to the savings in section 17 of the 2007 Ordinance. da Ordres en Conseil Vol. XVIII, p. 315. © States of Guernsey Consolidated text Reference of points of law to Royal Court. 17. ... NOTE

Section 17 was repealed by the Regulation of Utilities (Bailiwick of Guernsey) (Amendment) Ordinance, 2007, section 8, with effect from 28th March, 2007, subject to the savings in section 17 of the 2007 Ordinance. PART VI OFFENCES False or misleading information. 18. (1) A person who – [(a) in making any statement or providing any information or document to the Public Accounts Committee, the Audit Committee or the States Internal Audit service, or any member, officer, servant or other representative of theirs, when acting in the exercise of their respective functions and powers – (i) under or in relation to this Law or any Sector Law, or (ii) in relation to the Office of the Director General,] (b) in making any statement or providing any information or document to the Director General or any officer or © States of Guernsey Consolidated text servant of his when acting in the exercise of his functions and powers, or (c) otherwise than as mentioned in paragraphs (a) and (b) but in circumstances in which the person making the statement or providing the information or document knows or could reasonably be expected to know that the statement, information or document would or might be used by the Director General [or by any person or body mentioned in paragraph (a) for the purpose of exercising their respective functions and powers] – (i) makes a statement which he knows or has reasonable cause to believe to be false, deceptive or misleading in a material particular, (ii) recklessly makes a statement, dishonestly or otherwise, which is false, deceptive or misleading in a material particular, (iii) provides or furnishes or causes or permits to be produced or furnished any information or document which he knows or has reasonable cause to believe to be false, deceptive or misleading in a material particular, or (iv) recklessly produces or furnishes or recklessly causes or permits to be produced or furnished, © States of Guernsey Consolidated text dishonestly or otherwise, any information or document which is false, deceptive or misleading in a material particular, shall be guilty of an offence. (2) A licensee who fails to provide the Director General with any information in his possession knowing or having reasonable cause to believe that – (a) the information is relevant to the exercise by the Director General of his functions and powers, and (b) the withholding of the information is likely to result in the Director General being misled as to any matter which is relevant and of material significance to the exercise of his functions and powers in relation to the licensee, shall be guilty of an offence. (3) A person guilty of an offence under subsection (1) or (2) is liable – (a) on summary conviction, to a fine not exceeding level 5 on the uniform scale, or to imprisonment for a term not exceeding 3 months, or to both, (b) on conviction on indictment, to a fine, or to imprisonment for a term not exceeding 2 years, or to both. © States of Guernsey Consolidated text NOTES In section 18, paragraph (a) of subsection (1) (which was originally repealed by the Regulation of Utilities (Bailiwick of Guernsey) (Amendment) Ordinance, 2007, section 9, with effect from 28th March, 2007, subject to the savings in section 17 of the 2007 Ordinance) was inserted by the Regulation of Utilities (Bailiwick of Guernsey) (Amendment) Law, 2007, section 7, with effect from 9th November, 2009; the words in square brackets in paragraph (c) of subsection (1) were substituted by the Regulation of Utilities (Bailiwick of Guernsey) (Amendment) Law, 2007, section 8, with effect from 9th November, 2009. Criminal liabilities of directors, etc. 19. (1) Where an offence under this Law is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and may be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies to a member in connection with his functions of management as if he were a director. Defence of due diligence. 20. In any proceedings for an offence under this Law it shall be a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself and by any person under his control. © States of Guernsey Consolidated text PART VII MISCELLANEOUS Power of States to exclude liability. 21. The States may by Ordinance provide that no liability shall be incurred by – (a) the States or any committee thereof, (b) the Director General or any person – (i) to whom the Director General has, under paragraph 3 of the Schedule, delegated any duty, function or power, or (ii) appointed as Deputy Director General under paragraph 4 of the Schedule, or (c) any officer, servant or member of the States or officer or servant of the Director General, in respect of anything done or omitted to be done after the commencement of such Ordinance in the discharge or purported discharge of their functions and powers, unless the thing was done or omitted to be done in bad faith. NOTE The following Ordinance has been made under section 21: Regulation of Utilities (Exclusion of Liability) Ordinance, 2001. © States of Guernsey Consolidated text Interpretation. 22. (1) In this Law, unless the context otherwise requires – ["Audit Committee" means the Audit and Remuneration Committee for the Office of the Director General established under section 13A,] ["Bailiff" means the Bailiff, Deputy-Bailiff, Lieutenant-Bailiff or Juge Délégué,] "Bailiwick" means the Bailiwick of Guernsey, except in relation to the provision and regulation of electricity services when it means the Island of Guernsey only, "[Commerce and Employment Department]" means States of Guernsey [Commerce and Employment Department], "body corporate" means a body of persons incorporated with or without limited liability in any part of the world, "consult" and "consultation" shall, in sections 3(2) [...] and 23(3), be construed in accordance with subsection (6), "contravention" includes failure to comply, and cognate expressions shall be construed accordingly, "Director General" means the holder of the Office of the Director General of Utility Regulation, "documents" means information recorded in any form (including, © States of Guernsey Consolidated text without limitation, in an electronic form) and, in relation to information recorded otherwise in legible form, references to its production, howsoever expressed, include references to the production of a copy of the information in legible form, "dominant position", in relation to a relevant market, shall be construed as it would be in the United Kingdom under the Competition Act e 1998 , but with the substitution, where appropriate, of references to the Bailiwick for references to the United Kingdom, "functions and powers" means functions and powers assigned or transferred by or under this Law, any Sector Law and any other enactment, "Fund" means the Public Utilities Regulation Fund established under section 9(1), "licence" means a licence granted to a person to provide utility services, or to establish, operate or maintain a utility network, under any Sector Law, "licensee" means a person who holds a licence, "Office of the Director General" means the Office of the Director General of Utility Regulation established under section 1(1), "Royal Court" means the Royal Court sitting as an Ordinary Court[, constituted (for the purposes of an appeal under section 15) in accordance with section 15(7A)], e An Act of Parliament (1998 c. 41). © States of Guernsey Consolidated text "Sector Law" means any Law which provides for the regulation by the Director General of utility activities within the Bailiwick or any part thereof, "servant" includes a person employed under a contract of service or apprenticeship (whether written or oral, express or implied) and a person engaged on a consultancy or secondment basis, "States" means the States of Guernsey, ["States' Directions" means – (a) directions given to the Director General by Resolution of the States under section 3(1), and (b) directions given to the Director General by Ordinance of the States under section 3(1A),] "universal service" means any utility service the scope of which is specified by States' Directions under section 3(1)(c) and which is required by States' Directions to be provided by a licensee to persons or to a class of persons throughout the Bailiwick at an affordable price, "universal service obligation" means the obligation of a licensee to provide a universal service, "utility activity" means the establishment, operation and maintenance of a utility network, or the provision of utility services, in the Bailiwick, © States of Guernsey Consolidated text […] […] "utility network" means a network (as defined in any Sector Law) used in the provision of utility services, and "utility services" means postal services, telecommunications services and electricity services, and such other services as the States may by Ordinance direct. f (2) The Interpretation (Guernsey) Law, 1948 applies to the interpretation of this Law throughout the Bailiwick. (3) Any reference in this Law to an enactment, Act of Parliament or statutory instrument is a reference thereto as from time to time amended, re- enacted (with or without modification), extended or applied. (4) References in this Law to the Policy and Finance Committee of the States of Alderney and to the [General Purposes and Finance Committee] of the Chief Pleas of Sark are references to the committees of those islands for the time being exercising the functions respectively conferred by this Law on the said Policy and Finance Committee or (as the case may be) on the said [General Purposes and Finance Committee]. (5) In this Law any words importing the neuter gender shall include the masculine and the feminine, and any words importing the masculine f Ordres en Conseil Vol. XIII, p. 355. © States of Guernsey Consolidated text gender shall include the feminine and the neuter. (6) Any requirement, howsoever expressed, imposed by sections 3(2) [...] and 23(3) on the States [Commerce and Employment Department] (and any other committee of the States) to consult the [General Purposes and Finance Committee] of the Chief Pleas of Sark and the Policy and Finance Committee of the States of Alderney shall include a requirement to inform the States of the views of those committees when making any recommendation to the States as to the matter consulted upon. NOTES In section 22, the definition of the expression "Audit Committee" in subsection (1) was inserted, and the definition therein of the expression "States' Directions" was substituted, by the Regulation of Utilities (Bailiwick of Guernsey) (Amendment) Law, 2007, respectively section 9(a) and section 9(b), with effect from 9th November, 2009; the definition of the expression "Bailiff" in subsection (1) was inserted by the Regulation of Utilities (Bailiwick of Guernsey) (Amendment) Ordinance, 2007, section 10(a), with effect from 28th March, 2007; the words in square brackets in the definition of the expression "Commerce and Employment Department" in subsection (1) were substituted by the Machinery of Government (Transfer of Functions) (Guernsey) Ordinance, 2003, section 2, Schedule 1, paragraph 5, with effect from 6th May, 2004; the words omitted in square brackets in the definition of the expression "consult" in subsection (1) were repealed by the Regulation of Utilities (Bailiwick of Guernsey) (Amendment) Ordinance, 2007, section 10(b), with effect from 28th March, 2007, subject to the savings in section 17 of the 2007 Ordinance; the words in square brackets in the definition of the expression "Royal Court" in subsection (1) were inserted by the Regulation of Utilities (Bailiwick of Guernsey) (Amendment) Ordinance, 2007, section 10(c), with effect from 28th March, 2007, subject to the savings in section 17 of the 2007 Ordinance; © States of Guernsey Consolidated text the words omitted in square brackets, first, immediately after the definition of the expression "utility activity" in subsection (1) and, second, immediately before the definition therein of the expression "utility network" were repealed by the Regulation of Utilities (Bailiwick of Guernsey) (Amendment) Ordinance, 2007, section 10(d), with effect from 28th March, 2007, subject to the savings in section 17 of the 2007 Ordinance; the words in square brackets in subsection (4) and in the third pair of square brackets in subsection (6) were substituted by the Sark General Purposes and Advisory Committee (Transfer of Functions) (Guernsey) Ordinance, 2001, section 3, with effect from 31st October, 2001; the words omitted in square brackets in the first pair of square brackets in subsection (6) were repealed by the Regulation of Utilities (Bailiwick of Guernsey) (Amendment) Ordinance, 2007, section 11, with effect from 28th March, 2007, subject to the savings in section 17 of the 2007 Ordinance; the words in the second pair of square brackets in subsection (6) were substituted by the Machinery of Government (Transfer of Functions) (Guernsey) Ordinance, 2003, section 2, Schedule 1, paragraph 5, with effect from 6th May, 2004. The functions, rights and liabilities of the Sark General Purposes and Advisory Committee and of its President arising under this Law were transferred to and vested in, respectively, the Sark General Purposes and Finance Committee and its President by the Sark General Purposes and Advisory Committee (Transfer of Functions) (Guernsey) Ordinance, 2001, section 1, with effect from 31st October, 2001, subject to the savings and transitional provisions in section 2 of the 2001 Ordinance. The functions, rights and liabilities of the Board of Industry and of its President arising under or by virtue of this Law were transferred to and vested in, respectively, the Commerce and Employment Department and its Minister by the Machinery of Government (Transfer of Functions) (Guernsey) Ordinance, 2003, section 1, Schedule 1, paragraph 5, with effect from 6th May, 2004, subject to the savings and transitional provisions in section 4 of the 2003 Ordinance. [Power to amend Law by Ordinance. 22A. (1) The States may by Ordinance amend this Law. (2) The provisions of subsection (1) are without prejudice to any © States of Guernsey Consolidated text other provision of this Law conferring power to enact Ordinances (and vice versa). (3) An Ordinance under subsection (1) may, for the avoidance of doubt, repeal, replace, amend, extend, adapt, modify or disapply any rule of customary or common law.] NOTE

Section 22A was inserted by the Regulation of Utilities (Bailiwick of Guernsey) (Amendment) Law, 2007, section 10, with effect from 9th November, 2009. General provisions as to subordinate legislation. 23. (1) Any Ordinance or rule under this Law – (a) may be amended or repealed by a subsequent Ordinance or rule, as the case may be, hereunder, (b) may contain such consequential, incidental, supplementary and transitional provision as may appear to be necessary or expedient, and (c) may, in the case of an Ordinance, and without limitation, contain provision – (i) as to the creation, trial and punishment of offences, (ii) amending any provision of this Law, © States of Guernsey Consolidated text (iii) ... (2) Any power conferred by this Law to make any Ordinance or rule may be exercised – (a) in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes of cases, (b) so as to make, as respects the cases in relation to which it is exercised – (i) the full provision to which the power extends, or any lesser provision (whether by way of exception or otherwise), (ii) the same provision for all cases, or different provision for different cases or classes of cases, or different provision for the same case or class of case for different purposes, (iii) any such provision either unconditionally or subject to any prescribed conditions. (3) The [Commerce and Employment Department] (and any other committee of the States) shall, before recommending the States to agree to make an Ordinance under section 14(9) or 15(8) [or 22A], consult the [General Purposes and Finance Committee] of the Chief Pleas of Sark and the Policy and Finance Committee of the States of Alderney in relation to the terms of the proposed © States of Guernsey Consolidated text Ordinance; but a failure to comply with this subsection shall not invalidate any Ordinance made under those sections. NOTES In section 23, sub-paragraph (iii) of paragraph (c) of subsection (1) was repealed by the Regulation of Utilities (Bailiwick of Guernsey) (Amendment) Ordinance, 2007, section 12, with effect from 28th March, 2007, subject to the savings in section 17 of the 2007 Ordinance; the words in the first pair of square brackets in subsection (3) were substituted by the Machinery of Government (Transfer of Functions) (Guernsey) Ordinance, 2003, section 2, Schedule 1, paragraph 5, with effect from 6th May, 2004; the word, figures and letter in the second pair of square brackets in subsection (3) were inserted by the Regulation of Utilities (Bailiwick of Guernsey) (Amendment) Law, 2007, section 11, with effect from 9th November, 2009; the words in the third pair of square brackets in subsection (3) were substituted by the Sark General Purposes and Advisory Committee (Transfer of Functions) (Guernsey) Ordinance, 2001, section 3, with effect from 31st October, 2001. The functions, rights and liabilities of the Sark General Purposes and Advisory Committee and of its President arising under this Law were transferred to and vested in, respectively, the Sark General Purposes and Finance Committee and its President by the Sark General Purposes and Advisory Committee (Transfer of Functions) (Guernsey) Ordinance, 2001, section 1, with effect from 31st October, 2001, subject to the savings and transitional provisions in section 2 of the 2001 Ordinance. In accordance with the provisions of: (i) the Post Office (Bailiwick of Guernsey) Law, 2001, section 48(3); and (ii) the Telecommunications (Bailiwick of Guernsey) Law, 2001, section 34(3), the provisions of this section shall apply to Ordinances under, respectively, section 48(1) and section 34(1) of those Law as they apply to an Ordinance © States of Guernsey Consolidated text under this Law. Service of documents. 24. (1) Any document other than a summons to be given or served under or for the purposes of this Law or any Sector Law may be given or served – (a) on an individual, by being delivered to him, or by being left at, or sent by post or transmitted to, his usual or last known place of abode, (b) on a body corporate with a registered office in the Bailiwick, by being left at, or sent by post or transmitted to, that office, (c) on a body corporate without a registered office in the Bailiwick, by being left at, or sent by post or transmitted to, its principal or last known principal place of business in the Bailiwick or, if there is no such place, its registered or principal office outside the Bailiwick, (d) on an unincorporated body, by being given to or served on any partner, member, manager or officer thereof in accordance with paragraph (a), or by being left at, or sent by post or transmitted to, the body's principal or last known principal place of business in the Bailiwick or, if there is no such place, its principal or last known principal place of business elsewhere, © States of Guernsey Consolidated text (e) on the Director General, by being left at, or sent by post or transmitted to, the principal offices of the Director General in Guernsey, (f) … and in this section – (i) the expression "by post" means by registered post, recorded delivery service or ordinary letter post, and (ii) the expression "transmitted" means transmitted by electronic communication, facsimile transmission or other similar means which produce a document containing the text of the communication: in which event the document shall be regarded as served when it is received. (2) If a person notifies the Director General of an address for service within the Bailiwick for the purposes of this Law or any Sector Law, any document to be given to or served upon him may be given or served by being left at, or sent by post or transmitted to, that address. (3) If service of a document cannot, after reasonable enquiry, be effected in accordance with this section, the document may be served by being published in La Gazette Officielle on two occasions falling in successive weeks, and a document served under this subsection is sufficient if addressed to the person for whom it is intended. © States of Guernsey Consolidated text (4) Subsections (1) to (3) are without prejudice to any other lawful method of service. (5) Notwithstanding the provisions of subsections (1) to (4) and of any other rule of law in relation to the service of documents, no document to be given to or served on the Director General [...] under or for the purposes of this Law or any Sector Law shall be deemed to have been given or served until it is received. (6) If a person upon whom a document is to be served under this Law is a minor or person under legal disability, the document shall be served on his guardian; and if there is no guardian, the party wishing to effect service may apply to the Royal Court (or the Court of Alderney or the Court of the Seneschal of Sark, if appropriate) for the appointment of a person to act as guardian for the purposes of this Law or any Sector Law. (7) A document sent by post shall, unless the contrary is shown, be deemed for the purposes of this Law and any Sector Law to have been received – (a) in the case of a document sent to an address in the United Kingdom, the Channel Islands or the Isle of Man, on the third day after the day of posting, (b) in the case of a document sent elsewhere, on the seventh day after the day of posting, excluding in each case any non-business day within the meaning of section 1(1) of © States of Guernsey Consolidated text g the Bills of Exchange (Guernsey) Law, 1958, as amended . (8) Service of any document sent by post shall be proved by showing the date of posting, the address thereon and the fact of prepayment. NOTES In section 24, paragraph (f) of subsection (1) was repealed by the Regulation of Utilities (Bailiwick of Guernsey) (Amendment) Ordinance, 2007, section 13, with effect from 28th March, 2007, subject to the savings in section 17 of the 2007 Ordinance; the words omitted in square brackets in subsection (5) were repealed by the Regulation of Utilities (Bailiwick of Guernsey) (Amendment) Ordinance, 2007, section 13, with effect from 28th March, 2007, subject to the savings in section 17 of the 2007 Ordinance. Citation and commencement. 25. This Law may be cited as the Regulation of Utilities (Bailiwick of Guernsey) Law, 2001 and shall come into force on the day appointed by Ordinance of the States; and different days may be appointed for different provisions or different purposes. NOTE The Law was brought into force on 1st October, 2001 by the Regulation of Utilities (Bailiwick of Guernsey) Law, 2001 (Commencement) Ordinance, 2001, section 1. g Ordres en Conseil Vol. XVII, p. 384; Vol. XXIV, p. 84; No. XI of 1993; and No. XIV of 1994. © States of Guernsey Consolidated text SCHEDULE OFFICE OF THE DIRECTOR GENERAL OF UTILITY REGULATION Salary of Director General. 1. The Director General shall be paid such salary, emoluments and other allowances from the Fund as the [Commerce and Employment Department] may determine. Appointment of staff. 2. (1) The Director General may appoint such officers and servants upon such terms and conditions (whether as to remuneration, expenses, pensions or otherwise) as he thinks necessary for the exercise of his functions and powers, subject to the approval of the [Commerce and Employment Department] as to the maximum number of officers and servants that may, from time to time, be engaged by him. (2) The Director General may establish and maintain such schemes or make such other arrangements as he thinks fit for the payment of pensions and other benefits in respect of his officers and servants. Delegation of functions and powers. 3. (1) The Director General may, by an instrument in writing, either generally or otherwise as specified in the instrument, arrange for any of his functions and powers to be exercised in his name by any of his officers or servants named or described in the instrument, other than – (a) this power of delegation, (b) his obligation under section 8(1) to submit an annual report to the [Commerce and Employment © States of Guernsey Consolidated text Department], (c) any function or power which (however framed or worded) – (i) requires him to consider representations concerning a decision which he proposes to make, (ii) empowers him to make a decision of a description set out in section 15(2). (2) A function or power exercised by a delegate pursuant to an arrangement made under this paragraph is for all purposes exercised by the Director General; and every decision taken or other thing done by a delegate pursuant to such an arrangement has the same effect as if taken or done by the Director General. (3) An arrangement made under this paragraph for the exercise of a function or power by a delegate – (a) may be varied or terminated at any time by the Director General, but without prejudice to anything done pursuant to the arrangement or to the making of a new arrangement, (b) does not prevent the exercise of the function or power by the Director General while the arrangement subsists. © States of Guernsey Consolidated text [Appointment of Deputy Director General. 4. Without prejudice to paragraph 3, the Director General may appoint any of his officers or servants as Deputy Director General with full authority to exercise his functions and powers – (a) during any period in which he is temporarily unavailable, or (b) in the event of his office falling vacant, during the period of the vacancy, but only pending the appointment of a new Director General, and the provisions of paragraphs 3(2) and 3(3) apply in relation to an appointment under this paragraph as they apply to an arrangement under paragraph 3(1).] Disclosure of interests. 5. (1) The Director General shall, if he has any direct or indirect personal interest in the outcome of any matter of which he is seized under this Law or any Sector Law, disclose the nature of his interest to the [Commerce and Employment Department]. (2) For the purposes of this paragraph, a general notice given by the Director General to the effect that he is a shareholder in, or a director of, a body corporate, and is to be regarded as interested in any matter concerning that body corporate, is a sufficient disclosure in relation to any such matter. Official seal. 6. (1) The Director General shall have an official seal for the authentication of documents required for the purpose of exercising his functions and powers. © States of Guernsey Consolidated text (2) Any document – (a) sealed with the official seal of the Director General, and (b) signed by the Director General or by any of his officers or servants to whom, pursuant to paragraph 3, he has delegated authority to affix his official seal, shall be deemed to have been duly executed by or on behalf of the Director General and shall be effective in law to bind him. Proof of documents. 7. In any legal proceedings (including, without limitation, proceedings before [the Royal Court]) any document purporting to be issued by or on behalf of the Director General or to be signed by the Director General or any of his officers or servants – (a) shall be received in evidence, (b) shall, unless the contrary is proved, be deemed – (i) to be the document which it purports to be, and (ii) to have been issued by or on behalf of the Director General or, as the case may be, to have been signed by the person by whom it purports to have been signed, without proof of his identity, signature or official capacity, and © States of Guernsey Consolidated text (c) shall be evidence of the matters stated therein. NOTES In the Schedule, the words in square brackets in paragraph 1, paragraph 2, paragraph 3 and paragraph 5 were substituted by the Machinery of Government (Transfer of Functions) (Guernsey) Ordinance, 2003, section 2, Schedule 1, paragraph 5, with effect from 6th May, 2004; paragraph 4 was substituted by the Regulation of Utilities (Bailiwick of Guernsey) (Amendment) Law, 2007, section 12, with effect from 9th November, 2009; the words in square brackets in paragraph 7 were substituted by the Regulation of Utilities (Bailiwick of Guernsey) (Amendment) Ordinance, 2007, section 15, with effect from 28th March, 2007, subject to the savings in section 17 of the 2007 Ordinance. © States of Guernsey