Office of the Director General
General Duties
Directions of the States
Functions of Director General
Powers of Director General
Appeals
Guernsey is 'commercializing' certain trading boards - Guernsey Electricity, the Guernsey Post Office and Guernsey Telecoms - previously run by the government of Guernsey (the States). On October 1 2001 the Regulation of Utilities (Bailiwick of Guernsey) Law 2001 came into force.
Office of the Director General
Section 1 of the Utilities Law establishes the Office of the Director General of Utility Regulation.
The States of Guernsey and the director general each have the duty to promote (and, where they conflict, to balance) the following objectives:
- to protect the interests of consumers;
- to secure, as far as practicable, the provision of utility services that satisfy all reasonable needs;
- to ensure that utility services are carried out in a way that best serves and contributes to the economic and social development and wellbeing of the Bailiwick of Guernsey;
- to introduce, maintain and promote effective and sustainable competition in the provision of utility services;
- to improve the quality and coverage of utility services;
- to facilitate the availability of new utility services within the Bailiwick; and
- to lessen, where practicable, any adverse environmental impact of utility activities.
The States may, on recommendation of the Board of Industry made after consultation with the director general, give directions specifying:
- the identity of the person to whom the first licence is to be awarded imposing a universal service obligation in a utilities sector;
- any special or exclusive rights to be awarded (not in the case of telecommunications networks or services to exceed five years);
- the scope of any universal service obligations; and
- any requirements to be imposed on licensees in the light of international obligations.
The functions of the director general include the following:
- to advise the States generally in relation to utility activities;
- to grant, monitor, enforce, suspend, revoke and renew licences;
- to determine fees;
- to receive and conduct enquiries and hear complaints; and
- such other functions as may be assigned or transferred to him by the States.
The director general's powers include:
- determining licence conditions and exemptions;
- requiring the production of information from applicants and licensees;
- publishing reports;
- giving directions to licensees; and
- obtaining injunctions to prevent contravention of utilities legislation.
A Utility Appeals Tribunal has been established to hear appeals from "persons aggrieved" by decisions of the director general.
A further right of appeal may be made to the Royal Court of Guernsey.
For further information on this topic please contact Chris Bound or Ian Kirk at Collas Day by telephone (+44 1481 723191) or by fax (+44 1481 724074) or by email ([email protected] or [email protected]).