Aerodromes
(Administration) (Jersey) Law 1952[1]
A LAW with regard
to the policing, control and administration of the aerodromes maintained
by the States of Jersey[2]
Commencement
[see
endnotes]
1 [3]
In this Law –
“aerodrome” means an aerodrome (as defined in Article 1(1)
of the Civil Aviation (Jersey) Law
2008)
that is maintained by the States of Jersey and is operated by the Airport
Director under an aerodrome licence (as defined in Article 1(1) of that
Law);
“airport authority” means the authority appointed under
Article 2(1);
“Airport Director” means the person who is, under
Article 2, the Airport Director;
“Harbour Master” has the meaning it has in the Harbours (Administration)
(Jersey) Law 1961 and includes a person acting under that Law as the Harbour Master;
“Minister” means the Minister for Sustainable Economic Development;
“seadrome” means an area of water that is an aerodrome.
1A [4]
This Law applies subject to the provisions of the Civil Aviation (Jersey) Law
2008.
2 Airport
Director[5]
(1) The Minister shall
appoint an airport authority and the authority shall have responsibility for
every aerodrome in Jersey.[6]
(2) The airport authority
shall appoint as Airport Director a person approved by the Minister, and the
person so appointed shall be employed by the airport authority.[7]
(3) The airport authority
is responsible to the Minister for the policing, administration
and management of Jersey Airport and of each other aerodrome maintained by the
States of Jersey.[8]
(4) The airport authority
may appoint one or more of its employees to act as the Airport Director during
any time when the Airport Director is not on duty, is absent from Jersey or is
suspended from the office of Airport Director or there is a vacancy in the
office of Airport Director.[9]
(5) A person appointed
under paragraph (4) has, while acting as the Airport Director, the powers and functions of the Airport Director under this or
any other enactment.
(6) The Airport Director
shall, on or as soon as practicable after becoming Airport Director, take oath
before the Royal Court to well and faithfully discharge
his or her duties as Airport Director.
(7) A person appointed
under paragraph (4) to act as the Airport Director shall, on or as soon as
practicable after being so appointed, take oath before the Royal Court to well and faithfully discharge the duties of the Airport Director
while acting as the Airport Director.
3[10]
(1) The Airport Director
shall, within the territorial limits of every aerodrome, have the same powers
of detention and arrest and of enforcing the maintenance of public order as are
possessed by a Centenier.
(2) The prosecution of any
person arrested by the Airport Director under the powers conferred upon the
Airport Director by this Article shall be undertaken by a Centenier having
jurisdiction in the matter.[11]
4
(1) Subject to the
provisions of any legislation for the time being in force relating to air
navigation, the States may make Regulations for the policing, control and administration of aerodromes.
(2) Without prejudice to
the generality of paragraph (1), Regulations made under this Article may –
(a) require
the payment of fees or charges in respect of any matters arising under or
provided for or authorized by this Law or by such Regulations; and
(b) provide
that any person who contravenes or fails to comply with any provision of the
Regulations, or any direction or order given or issued thereunder, shall be
guilty of an offence and liable, for each such offence, to such penalty as the
Regulations may prescribe.[12]
(3) Regulations made under
this Article may –
(a) make
different provision in relation to different cases or circumstances; and
(b) contain
such transitional, consequential, incidental or
supplementary provisions as appear to the States to be necessary or expedient
for the purposes of the Regulations.[13]
(4) Without prejudice to
the generality of paragraphs (1) to (3), the States may by Regulations
make particular provision, in connection with –
(a) the
exercise of the powers conferred by Article 3(1); and
(b) the
persons entitled to exercise those powers,
as to the matters further specified in paragraph (5).[14]
(5) The matters mentioned
in paragraph (4) are –
(a) training;
(b) complaints,
discipline, and penalties for misconduct; and
(c) collaboration
and co-ordination with police officers.[15]
5[16]
(1) Where a person is
charged with any offence under Regulations made under Article 4 and accepts
the decision of a Centenier having jurisdiction in the matter, that Centenier
may inflict and levy summarily a fine of level 1 on the standard scale.[17]
(2) Where any fine is
levied by a Centenier in pursuance of the powers conferred on the Centenier by
this Article, the Centenier shall give a receipt for the same.[18]
6[19]
(1) Save as provided by paragraph (2),
all fines imposed for offences under Regulations made under Article 4
shall be awarded for the benefit of the annual income of the States.
(2) Where a fine is imposed
pursuant to Article 5(1), one half of that fine shall be awarded for the
benefit of the parish in which the offence was committed
and the other half shall be awarded for the benefit of the annual income of the
States and applied towards the cost of regulating the parking and circulating
of vehicles within the territorial limits of any aerodrome.
7[20]
The Minister may direct that in relation to any seadrome, any powers
conferred or duties imposed under or by virtue of this
Law –
(a) upon the airport
authority, may be exercised by the relevant harbour authority; and
(b) upon the Airport
Director, may be exercised by the Harbour Master,
and if the Minister does so the provisions of this Law and of
Regulations made under it shall have effect accordingly.
8 Citation
This Law may be cited as the Aerodromes (Administration) (Jersey)
Law 1952.
[1] This
Law has been amended by the States of Jersey (Amendments and Construction
Provisions No. 10) (Jersey) Regulations 2005. The amendments replace all
references to a Committee of the States of Jersey with a reference to a
Minister of the States of Jersey, and remove and add defined terms
appropriately, consequentially upon the move from a committee system of
government to a ministerial system of government
[2] Long title amended
by L.35/2008
[3] Article 1 amended
by L.5/1991, L.26/2005, L.35/2008, L.9/2015, R&O.158/2015, R&O.102/2023
[4] Article 1A inserted
by L.35/2008
[5] Article 2 substituted
by L.26/2005
[6] Article 2(1) substituted
by L.9/2015
[7] Article 2(2) substituted
by L.9/2015
[8] Article 2(3) substituted
by L.35/2008, amended by L.9/2015
[9] Article 2(4) substituted
by L.9/2015
[10] Article 3 amended
by L.5/1991
[11] Article 3(2) amended
by R&O.81/2014
[12] Article 4(2) substituted
by L.21/2001
[13] Article 4(3) inserted
by L.21/2001
[14] Article 4(4) added
by L.9/2015
[15] Article 4(5) added
by L.9/2015
[16] Article 5 inserted
by L.19/1967
[17] Article 5(1) substituted
by L.21/2001, amended by L.2/2009, L.2/2010, R&O.81/2014, R&O.97/2016
[18] Article 5(2) amended
by R&O.81/2014
[19] Article 6 substituted
by L.21/2001
[20] Article 7 substituted
by L.9/2015