Subject-Matter Index

Electricity

licence to supply

distinction between customers who enter special agreement (under Electricity (Guernsey) Law 2001, s.16), where rights and liabilities of supplier and customer governed by agreement, and tariff customers supplied on published terms and conditions governed by statute, not agreement—condition in licence requiring supplier to publish and provide full details of new prices, discounts or special offers relates only to tariff customers: Guernsey Electricity Ltd. v. Guernsey Competition & Regulatory Auth. (Royal Ct.), 2021 GLR 232

Utility Appeals Tribunal

jurisdiction

since Tribunal regulated by statute, cannot confer jurisdiction on itself, even if all necessary parties consent—mistaken extension of time for appeal not excusable as “procedural irregularity” within meaning of s.16(2) of Regulation of Utilities (Bailiwick of Guernsey) Law 2001, since non-compliance with time limit in s.15(4) not irregularity but mistake going to jurisdiction: Cable & Wireless Guernsey Ltd. v. Office of Utility Regulation (Dir. Gen.) (Royal Ct.), 2007–08 GLR N [7]

procedure

appeal procedure instituted with issue of summons by intending appellant—when issued, members of Tribunal may be appointed by Chairman—until appointed, no power, e.g. to purport to extend time for appeal, or to make reference to court for guidance on law: Cable & Wireless Guernsey Ltd. v. Office of Utility Regulation (Dir. Gen.) (Royal Ct.), 2007–08 GLR N [7]

time for appeal

extension of time

no denial of right to fair hearing of appeal, contrary to European Convention, art. 6, to refuse Tribunal right to extend 14-day time limit in Regulation of Utilities (Bailiwick of Guernsey) Law 2001, s.15(4), if appellant aware of limit and not onerous for advocates to comply—not inequality of arms merely because appellant has 14 days to appeal and respondent 42 days to reply: Cable & Wireless Guernsey Ltd. v. Office of Utility Regulation (Dir. Gen.) (Royal Ct.), 2007–08 GLR N [7]

no power for Tribunal to extend time for appeal under Regulation of Utilities (Bailiwick of Guernsey) Law 2001, s.15(4), since extension without statutory authority would effectively confer extra jurisdiction not intended by States—proceedings taken outside time limit invalid: Cable & Wireless Guernsey Ltd. v. Office of Utility Regulation (Dir. Gen.) (Royal Ct.), 2007–08 GLR N [7]