Civil Aviation
(Jersey) Law 2008
A LAW to provide for the safety of
civil aviation in Jersey; to establish the office of Director of Civil
Aviation; to charge the Director with functions in respect of the safety of
civil aviation in Jersey and its airspace; and for related matters.
Commencement [see endnotes]
Part 1
interpretation
1 Interpretation
(1) In
this Law, unless the context otherwise requires –
“aerodrome”
means –
(a) an
area of land, or water, that is designed, set apart or commonly used for
aircraft to land or depart; or
(b) an
area of space (whether on the ground, the roof of a building or elsewhere) that
is designed, equipped or set apart for aircraft that can descend or climb
vertically to land or depart;
“aerodrome licence”
means a valid licence issued under Article 13;
“Air Navigation
Order” means –
(a) an
Order made under Article 19; or
(b) an
Air Navigation Order (as defined in section 60 of the Civil Aviation
Act 1982 of the United Kingdom) that has been extended to Jersey;
“Channel Islands
Control Area” means collectively –
(a) between
the surface and flight level 19,500 feet, the area bounded by straight
lines joining the following points –
|
50°00’N
|
02°00’W
|
|
49°30’N
|
02°00’W
|
|
49°02’N
|
01°40’W
|
|
49°02’N
|
03°00’W
|
|
50°00’N
|
03°00’W
|
|
50°00’N
|
02°00’W;
|
(b) between flight level 5,500 feet and
flight level 19,500 feet, the area bounded by straight lines joining the
following points –
|
50°00’N
|
03°00’W
|
|
49°35’N
|
03°00’W
|
|
50°00’N
|
03°20’W
|
|
50°00’N
|
03°00’W;
|
(c) between flight level 3,500 feet and
flight level 19,500 feet, the area bounded by straight lines joining the
following points –
|
50°00’N
|
02°00’W
|
|
50°00’N
|
01°47’W
|
|
49°44’N
|
02°00’W
|
|
50°00’N
|
02°00’W;
|
“Chicago Convention”
mean –
(a) the
convention on international civil aviation that was, on 7th December 1944,
signed on behalf of the Government of the United Kingdom at the International
Civil Aviation Conference held at Chicago; and
(b) any
Annex to the convention relating to international standards and recommended
practices (being an Annex adopted in accordance with the convention);
“Director of Civil
Aviation” or “Director” means the person who –
(a) holds
the office of Director of Civil Aviation; or
(b) is,
for the time being, discharging the functions of that office;
“functions”
includes duties and powers;
“Jersey”
includes –
(a) the
territorial sea adjacent to Jersey; and
(b) the
air space above Jersey and the air space above that part of the territorial
sea;
“Minister”
means the Minister for External Relations;
“published”
means published in a manner that is likely to bring it to the attention of
anybody affected by it, and “publish” shall be construed
accordingly;
“States’
employee” has the same meaning as in the Employment of
States of Jersey Employees (Jersey) Law 2005;
“States Employment
Board” means the body established by Article 4 of the Employment of States
of Jersey (Employees) (Jersey) Law 2005.[1]
(2) The
States may amend a definition in paragraph (1) by Regulations.
Part 2
Administration of civil
aviation
Appointment
of Director of Civil Aviation
2 Director
of Civil Aviation
(1) There
is established, as a corporation sole, the office of Director of Civil Aviation.
(2) The
Director may –
(a) enter
into agreements for any purpose of the office;
(b) acquire,
hold and dispose of property;
(c) sue
and be sued in civil proceedings; and
(d) be
charged with an offence and defend criminal proceedings.
(3) The
Director is responsible to the Minister for the discharge of the functions of
the office of Director.
3 Appointment
of a person to the office of Director of Civil Aviation
(1) The
Minister may, after seeking and receiving the advice of the States Employment
Board, appoint a person to hold the office of Director of Civil Aviation.
(2) The
person must –
(a) have
adequate relevant experience and expertise in the regulation of civil aviation;
and
(b) be a fit
and proper person to hold the office of Director.
(3) A
person appointed to hold the office of Director must take the following oath of
office before entering upon the functions of the office:
I [swear] or [solemnly and sincerely affirm] that
I will faithfully discharge the functions, powers and duties of the office of
Director of Civil Aviation.
4 Tenure
and terms and condition of office of Director
(1) Except
as otherwise provided by this Article, a person appointed to hold the office of
Director of Civil Aviation shall hold office –
(a) during
the term; and
(b) on
such terms and conditions,
as are agreed between the
person and the Minister after the Minister has sought and received the advice
of the States Employment Board.
(2) A
person appointed to hold the office of Director may at any time resign by
delivering a letter to that effect to the Minister.
(3) The
Minister may remove a person from the office of Director –
(a) for
misconduct;
(b) for
neglect of duty;
(c) for
incompetence;
(d) for disability;
or
(e) if the
person becomes bankrupt,
but may not do so on any
other ground.
(4) The
Minister may suspend a person from the office of Director, pending an
investigation or inquiry as to whether the Director should be removed from
office under paragraph (3), but may not do so for any other reason.
5 Acting
appointment
(1) This
Article applies while –
(a) the
person holding the office of Director of Civil Aviation is unable to discharge
the functions of the office; or
(b) there
is a vacancy in the office of Director.
(2) The
Minister may appoint a person to discharge the functions of the office of
Director.
(3) The
person must be eligible to hold the office of Director.
6 Minister
to secure resources for Director
(1) The
Minister must ensure that the Director of Civil Aviation is provided with
sufficient resources to enable the Director to discharge the functions of his
or her office.
(2) Before
determining the extent of these resources the Minister must first seek and
receive the advice of –
(a) the
Minister for Treasury and Resources; and
(b) the Minister for Sustainable Economic Development.[2]
7 Provision
of services by other persons and bodies
(1) The
Director of Civil Aviation may enter into a contract with a person for the
discharge by the person of any of the functions of the office of Director.
(2) Before
doing so the Director must be satisfied that the person –
(a) is
suitably qualified and competent to discharge the function; and
(b) is a
fit and proper person to do so.
(3) The
contract shall be on such terms and conditions as are agreed between the
parties.
8 Delegation
of functions
(1) The
Director of Civil Aviation may delegate a function of the office of Director to –
(a) a
States’ employee appointed to assist the Director; or
(b) a person
with whom the Director has entered into a contract under Article 7 for the
discharge of the function.
(2) In
delegating a function, the Director may –
(a) give
the delegate general or special directions; and
(b) impose
conditions on the delegate.
(3) A
delegate may otherwise exercise the function in the same manner and with the
same effect as if it had been conferred on the delegate directly and not by
delegation.
(4) The
delegation of a function does not prevent the Director from discharging the function.
(5) The
Director may revoke a delegation at any time.
(6) A
change in the person for the time being holding the office of Director does not
revoke a delegation.
9 Director
to provide annual report
(1) The
Director of Civil Aviation must, within 3 months of the end of each financial
year (as that term is defined in Article 1 of the Public Finances
(Jersey) Law 2019), submit to the Minister a report on the discharge
of the Director’s functions during that financial year.[3]
(2) The
report must contain such information as the Minister may specify.
(3) The
Minister must lay a copy of the report before the States as soon as reasonably
practical.
Functions
of Director of Civil Aviation
10 Functions
of the Director
(1) It
is the responsibility of the Director of Civil Aviation –
(a) to
ensure the safety of aerodromes and air traffic;
(aa) to ensure the
security of aerodromes, passengers and goods carried by air, and air traffic;
(b) to
licence aerodromes;
(c) to approve
air traffic controllers.[4]
(2) It
is also the responsibility of the Director to regulate, from Jersey –
(a) the
operation of the Channel Islands Control Area and the safety of air traffic in
that zone; and
(b) the
operation of meteorological services for the purposes of international air
navigation in Jersey and the Channel Islands Control Area.[5]
(3) The
Director shall also tender advice to the Minister on –
(a) the
safety of civil aviation in Jersey and in the Channel
Islands Control Area;
(aa) the security of
civil aviation in Jersey and in the Channel Islands
Control Area;
(b) international
relations in respect of civil aviation (including relations with international
agencies);
(c) the
Chicago Convention;
(d) the
Memorandum of Understanding between the Government of the United Kingdom and
the Government of the French Republic signed on 16th February 2000
(relating to the application of the Eurocontrol Route
Charges Joint System in the Channel Islands Control Area); and
(e) international
agreements and international obligations in respect of the safety or security
of civil aviation that are binding on Jersey.[6]
(4) The
Director must discharge his or her functions in the manner that the Director
thinks will best achieve compliance with –
(a) the
Chicago Convention; and
(b) international
agreements and obligations in respect of the safety or security of civil aviation
that are binding on Jersey.[7]
(5) The
Director, in discharging the functions of the office of Director, shall –
(a) have
due regard to the policy of the Council of Ministers in respect of civil
aviation; and
(b) carry
into effect any direction as to that policy that is given to the Director by
the Minister in writing.
(6) The
States may amend this Article by Regulations.
11 Director
may require persons to furnish information
(1) The
Director of Civil Aviation may require a person to provide the Director with
such information as the Director may reasonably require to
carry out the functions of the office of Director.
(2) Where
the person is –
(a) the
holder of an aerodrome licence;
(b) a
holder of a licence issued, or to be taken to have been issued, under the Civil
Aviation Act 1982 of the United Kingdom, and its amendments, as extended
to Jersey by the Civil Aviation Act 1982 (Jersey) Order 1990 or under
an Air Navigation Order;
(c) a
holder of a certificate issued, or to be taken to have been issued, under an
Air Navigation Order;
(d) a
recipient of an approval given, or to be taken to have been given, under an Air
Navigation Order,
the information may
include information relating to the person’s past, present or future
activities as the holder or recipient of the licence, certificate or approval or
of any similar licence, certificate or approval.
(3) A
requirement to provide information under this Article –
(a) must
be made in writing;
(b) must
specify a date before which the information is be provided; and
(c) may
specify the form in which the information is to be provided.
(4) A
person who –
(a) without
just cause, fails to comply with a requirement under this Article; or
(b) in
alleged compliance with such a requirement, provides information that the
person knows or ought reasonably to know is false or misleading in a material
way,
is guilty of an offence
and liable to a fine.
Part 3
Licensing of aerodromes
12 Restrictions
on use of unlicensed aerodromes
(1) The
pilot and any other person having the management of an aircraft for the time
being are each guilty of an offence and liable to a fine if, except in an
emergency, the aircraft takes off or lands –
(a) at a
place in Jersey that is not an aerodrome licensed under this Part; or
(b) at an
aerodrome licensed under this Part in contravention of a condition of the
aerodrome’s licence.
(2) The
States may by Regulations exempt an aircraft or a class of aircraft from the
application of paragraph (1).
(3) The
Director of Civil Aviation may, in writing, exempt an aircraft from the
application of paragraph (1) and may do so either absolutely or subject to
such conditions as the Director thinks fit.
13 Application
for grant or renewal of aerodrome licence
(1) An
application for the grant or renewal of an aerodrome licence must –
(a) be
made to the Director on a form provided or approved for the purpose by the
Director; and
(b) be
accompanied by the published fee.
(2) The
Director must not grant the licence or renewal unless the Director is satisfied
that both the applicant and the aerodrome comply with –
(a) the
requirements of the Chicago Convention; and
(b) any
other relevant conditions published by the Director.
(3) The
Director shall specify in an aerodrome licence or in the renewal of such a
licence –
(a) the
term for which it is to have effect; and
(b) the
conditions to be observed by the holder of the licence.
(4) A
holder of an aerodrome licence who contravenes a condition of the licence is
guilty of an offence and liable to a fine.
14 Fee
for the grant or renewal of aerodrome licence
(1) The
Minister shall determine and publish the fee payable on the grant or renewal of
an aerodrome licence.
(2) The
Minister shall not do so until he has sought and received the advice
of –
(a) the
Minister for Treasury and Resources; and
(b) the Minister
for Sustainable Economic Development.[8]
15 Variation,
revocation and suspension of an aerodrome licence
(1) The
Director of Civil Aviation may vary an aerodrome licence –
(a) on the
application of its holder and on the payment of any published fee; or
(b) after
giving its holder a reasonable opportunity to be heard, on the Director’s
own motion if the Director considers that it is necessary or desirable to do so
to ensure that the aerodrome meets the required standards of safety for use by
aircraft.
(2) The
Director may revoke or suspend (for a specified or unspecified period) the
validity of an aerodrome licence –
(a) on the
application of its holder and on the payment of any published fee; or
(b) after
giving its holder a reasonable opportunity to be heard, on the Director’s
own motion if the Director considers that its holder has contravened a
condition of the licence.
(3) The
Director may publish fees for the purpose of paragraphs (1)(a)
and (2)(a).
16 Appeals
(1) The
Director of Civil Aviation must give the applicant or licence holder written
reasons for any decision of the Director –
(a) to
refuse an application for the grant or renewal of an aerodrome licence;
(b) to
refuse an application to vary, revoke or suspend such a licence; or
(c) acting
on the Director’s own motion, to vary, revoke or suspend the validity of
such a licence.
(2) Any
person aggrieved by the decision may, appeal to the Minister,
within –
(a) 30
days of the Director giving reasons for the decision; or
(b) such
longer period as the Minister may allow.
(3) On
the appeal the Minister may –
(a) confirm
the Director’s decision; or
(b) vary
or revoke the decision.
(4) The
Director and the appellant each has a right to appeal to the Royal Court
against the Minister’s decision.
(5) The
Director is to be taken to have refused –
(a) an
application for the grant or renewal of an aerodrome licence; or
(b) an
application to vary, revoke or suspend such a licence,
(and to have given reasons
for doing so) if the application has not been determined within 3 months
of the application being made or within such further period as the applicant
may allow.
(6) The
Minister may publish details of any procedure that is to be followed on appeals
to the Minister under this Article.
17 Directions
(1) This
Article applies where the Minister thinks it necessary or expedient to give
directions to the holder of an aerodrome licence –
(a) in
the interests of national security; or
(b) in
the interests of relations with a country or territory outside Jersey.
(2) The
Minister may –
(a) give
directions of a general character to the holder of an aerodrome licence or to all
holders of aerodrome licences; or
(b) give
a direction to the holder of an aerodrome licence requiring the holder to do or
not to do a particular thing specified in the direction.
(3) The
Minister must consult the holder of the licence or holders of the licences before
giving a direction under this Article.
(4) The
Minister must, at the first reasonable opportunity, lay before the States a
copy of a direction given under this Article.
(5) However,
the Minister need not do so if the Minister considers that to do so would be
against –
(a) the
interests of national security;
(b) the
interests of relations with a country or territory outside Jersey; or
(c) the
commercial interests of any person.
(6) A
person must not disclose, without the consent of the Minister, a direction
given to the person under this Article if the Minister has notified the person
that the disclosure of the direction would be against –
(a) the
interests of national security;
(b) the
interests of relations with a country or territory outside Jersey; or
(c) the
commercial interests of any person.
(7) A
holder of an aerodrome licence who –
(a) contravenes
a direction given to the holder under this Article; or
(b) contravenes
paragraph (6),
is guilty of an offence
and liable to a fine.
18 False
information
A person is guilty of an
offence and liable to imprisonment for 6 months and a fine if, in
connection with an application under this Part, the person provides information
that the person knows or ought reasonably to know is false or misleading in a
material way.
part 4
Air Navigation Orders
19 Air
Navigation Orders
(1) The
Minister may make Orders (called Air Navigation Orders) for the purposes set
out in this Article.
(2) An
Air Navigation Order may contain provisions the Minister considers to be
reasonably necessary or expedient –
(a) to
give effect to the Chicago Convention and any amendment of it; and
(b) generally to regulate air navigation.
(3) An
Air Navigation Order may –
(a) prohibit
aircraft from flying unless certificates of airworthiness issued or validated
under the Order are in force with respect to them;
(b) prohibit
aircraft from flying except in compliance with such conditions as to
maintenance or repair as may be specified in the Order;
(c) provide
for the inspection and regulation of aerodromes and for access to aerodromes
and places where aircraft have landed;
(d) provide
for access to aircraft factories for the purpose of inspecting work carried out
there in respect of aircraft or parts of aircraft;
(e) prohibit
persons from engaging in, or being employed in or in connection with air
navigation in such capacities as may be specified in the Order except in
accordance with provisions in that behalf contained in the Order;
(f) provide
for the licensing of persons employed at aerodromes in the inspection or
supervision of aircraft;
(g) provide
for the conditions subject to which aircraft entering or leaving Jersey may
fly, and in particular the aerodromes to or from which they may fly;
(h) provide
for the conditions subject to which aircraft may fly from one part of Jersey to
another;
(i) provide
for the conditions subject to which passengers may be carried by air or subject
to which aircraft may be used for other commercial, industrial or gainful
purposes;
(j) provide
for the conditions subject to which goods may be carried by air;
(k) prohibit
the carriage by air of goods of such classes as may be specified in the Order;
(l) confer
on persons specified in the Order powers relating to the enforcement of any
condition or prohibition to which sub-paragraph (j) or sub-paragraph (k)
refers, including –
(i) powers
to examine, take samples of or seize and detain any goods,
(ii) powers
to open any baggage or packages containing goods or to require them to be
opened, and
(iii) powers
to require the production of any documents;
(m) provide for
measures to minimize or prevent interference with the use or effectiveness of
apparatus that is used in connection with air navigation;
(n) prohibit
or regulate the use of apparatus, or the display of any signs or lights, in any
way that is liable to endanger aircraft;
(o) generally,
provide for measures to secure the safety, efficiency and regularity of air
navigation and the safety of aircraft and of persons and property carried on
aircraft, and for preventing aircraft endangering other persons and property;
(p) provide
in particular for the detention of aircraft for any of the purposes specified in
sub-paragraph (o);
(q) require
persons engaged in air navigation, or employed in or in connection with air
navigation, to supply meteorological information for the purposes of air
navigation;
(r) regulate
the making of signals and other communications by or to aircraft, or by or to
persons carried on aircraft;
(s) prohibit
aircraft from flying over such areas in Jersey as may be specified in the
Order;
(t) prohibit
aircraft from taking-off or landing in Jersey unless there are in force in
respect of those aircraft such certificates of compliance with standards as to
noise as may be specified in the Order;
(u) regulate
the conditions under which noise and vibration may be caused by aircraft on
aerodromes;
(v) prohibit
aircraft from taking-off or landing in Jersey except in compliance with the
conditions of those certificates;
(w) regulate or
prohibit the flight of aircraft over Jersey at speeds in excess of Flight Mach
1;
(x) specify
United Kingdom qualifications, and equivalent qualifications in other countries,
that may be recognized and validated for the purposes of this Law;
(y) provide
for the manner and conditions of the grant, issue, validation, renewal,
extension or variation of any licence, certificate, approval or other document
required by the Order (including the examinations and tests to be undergone),
or the form, custody, production, revocation, cancellation, suspension,
endorsement or surrender of any such document;
(z) prescribe
fees to be paid in respect of –
(i) the
issue, validation, renewal, extension or variation of any licence, certificate,
approval or other document,
(ii) the
undergoing of any examination or test required by the Order, or
(iii) any
other matters in respect of which it appears to be expedient for the purpose of
the Order to charge fees;
(aa) apply, adapt or
modify the enactments –
(i) relating
to customs or excise in relation to aerodromes, to aircraft or to persons and
property carried on aircraft,
(ii) preventing
smuggling by air, or
(iii) permitting.
in connection with air navigation. the importation of goods into Jersey without
payment of duty;
(ab) exempt from any
provision of the Order any aircraft or persons or classes of aircraft or
persons.
(4) An
Air Navigation Order may provide that action shall not lie in respect of
nuisance by reason only of the noise and vibration that is caused by an
aircraft on an aerodrome to which this paragraph applies by virtue of an Air
Navigation Order, as long as the provisions of any such Order are complied
with.
(5) Paragraphs (3)
and (4) do not limit paragraph (2).
(6) An
Air Navigation Order may provide that a contravention of the Order is an
offence and that a person who is guilty of the offence is liable to
imprisonment for a term of 2 years and a fine.
(7) In
this Article, a reference to goods includes a reference to mail and to animals.
part 5
MISCELLANEOUS provisions
20 Confidentiality
(1) This
Article applies to information that is provided to –
(a) the Minister;
(b) the
Director of Civil Aviation;
(c) a delegate
of the Director;
(d) any
States’ employee assisting the Director; or
(e) any
other person,
pursuant to a requirement
of this Law or of an Air Navigation Order where the information relates to a
particular person (“the person concerned”).
(2) A
person who receives the information pursuant to this Law or an Air Navigation
Order is guilty of an offence and liable to a fine if the person discloses the
information otherwise than in accordance with this Article, unless the
person –
(a) did
not know, and had no reason to suspect, that the information had been provided
as mentioned in paragraph (1); or
(b) took
all reasonable steps and exercised all due diligence to avoid the commission of
the offence.
(3) The
information may be disclosed –
(a) to
the Minister;
(b) to
the Council of Ministers;
(c) to
the Director of Civil Aviation;
(d) to a
delegate of the Director;
(e) to
any States’ employee assisting the Director;
(f) to
the Civil Aviation Authority of the United Kingdom or an officer of that body;
(g) to an
organization in a jurisdiction outside the United Kingdom that carries out in
that jurisdiction functions similar to those carried out in the United Kingdom
by the Civil Aviation Authority or to an officer of such an organization;
(h) with
the approval of the Minister, to an international organization of which the
United Kingdom or Jersey is a member.
(4) It
may also be disclosed in connection with –
(a) negotiations
conducted on behalf of Jersey with representatives of the government of any
country or territory outside Jersey; or
(b) the
discharge of any obligation of the United Kingdom or Jersey under international
arrangements.
(5) It
may also be disclosed –
(a) with
a view to the institution or otherwise of criminal or civil proceedings arising
out of an enactment relating to civil aviation; or
(b) for
the purposes of any criminal investigation or of any investigation under such
an enactment.
(6) The
information may also be disclosed –
(a) if the
person concerned has consented to the disclosure of the information;
(b) if the
Director, after affording the person concerned an opportunity to make
representations about the information and considering any representation so
made, determines that it may be disclosed;
(c) if
the person concerned is an individual who is dead, and the Director determines
that it may be disclosed;
(d) if the
person concerned is a body corporate that has ceased to exist, and the Director
determines that it may be disclosed;
(e) if the
person concerned (whether an individual or a body corporate) cannot be found
after all reasonable inquiries have been made, and the Director determines that
it may be disclosed; or
(f) if
the Director determines that the information is of the same kind as other
information in respect of which the Director has made a determination under this
paragraph that it may be disclosed.
(7) This
Article does not prohibit the disclosure of information that is or has been
available to the public from any other source.
(8) Nothing
in this Article authorizes the making of a disclosure in contravention of the Data Protection
(Jersey) Law 2018.[9]
21 Implementation
of international obligations
The States may by
Regulations amend this Law to give effect to –
(a) any
international agreement;
(b) other
international instrument; or
(c) international
obligation,
that relates to civil
aviation and is binding on Jersey.
22 Application
to Crown
(1) Except
as otherwise provided by this Article, this Law binds the Crown.
(2) A
contravention by the Crown of this Law does not make the Crown criminally
liable.
(3) However –
(a) the
Royal Court may, on the application of the Director of Civil Aviation, declare
unlawful an act or omission of the Crown that contravenes this Law;
(b) this
Law applies in any event to persons in the public service of the Crown as it
applies to other persons.
(4) If
the Lieutenant-Governor certifies that it appears to him or her that it is
requisite or expedient that, in the interests of national security, a power
under this Law that is specified in the certificate should not be exercisable
in relation to Crown land specified in the certificate, the power shall not be
exercisable in respect of the land.
(5) This
Law does not apply to His Majesty in his private capacity.[10]
23 Transitional
provisions
From 1st January 2009,
each approval, certificate or validation that –
(a) had
been granted, issued, renewed, made or given under an enactment of the United
Kingdom;
(b) was
in effect immediately before 1st January 2009; and
(c) could
have been granted, issued, renewed, made or given under this Law if this Law
had been in force when it was so granted, issued, made or given,
continued in force,
subject to this Law but otherwise according to its tenor, as if it had been
granted, issued, renewed, made or given under this Law.
24 Citation
This Law may be cited as
the Civil Aviation (Jersey) Law 2008.