Aircraft
Registration and Air Navigation (Miscellaneous Provisions) (Jersey)
Law 2015
A LAW to amend the Aircraft Registration
(Jersey) Law 2014 and the Air Navigation (Jersey) Law 2014.
Adopted by the
States 2nd June 2015
Sanctioned by
Order of Her Majesty in Council 15th July 2015
Registered by the
Royal Court 24th
July 2015
THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have
adopted the following Law –
1 Amendment
of the Aircraft Registration (Jersey) Law 2014
In the Aircraft Registration (Jersey)
Law 2014[1] –
(a) in Article 1 –
(i) in the definition “aircraft mortgage” after the
word “obligation” there shall be inserted the words “(whether
or not title in the aircraft is transferred to the mortgagee)”,
(ii) in the definition “aircraft engine mortgage”
after the word “obligation” there shall be inserted the words
“(whether or not title in the aircraft engine is transferred to the
mortgagee)”;
(b) in Article 11(1)(b) for the word
“appropriate” there shall be substituted the word
“prescribed”;
(c) in Article 13(2) after the words “after that,”
there shall be inserted the words “and on payment of the prescribed fee
by the relevant person”;
(d) in Article 29(1), the words “in the nature of a
hypothec” shall be deleted and after the word “created” there
shall be inserted the words “(in Jersey or elsewhere)”;
(e) Article 30
shall be repealed;
(f) in Article 40(2)(b) after the word
“selling” there shall be inserted the words “or
leasing”;
(g) in Article 41 –
(i) in the heading for the words “appropriation or sale”
there shall be substituted the words “appropriation, sale or lease”,
(ii) in paragraph (2) –
(A) after
the word “selling” there shall be inserted the words “or
leasing” and after the word “sell” there shall be inserted
the words “or lease”,
(B) in
sub-paragraph (b) after the word “sale” there shall be
inserted the words “or lease”;
(h) in Article 43 –
(i) in paragraph (2) after the word “sells”
there shall be inserted the words “or leases” and after the word
“sale” wherever it occurs there shall be inserted the words
“or lease”,
(ii) in paragraph (3)(b) for the words “appropriation
or sale” there shall be substituted the words “appropriation, sale
or lease”;
(i) in Article 44 –
(i) for the words “appropriation or sale” where they
appear in the heading and in that Article there shall be substituted the words
“appropriation, sale or lease”,
(ii) for the words “sold under Article 40(2)(b)”
there shall be substituted the words “sold or leased under Article 40(2((b)”,
(iii) for the words “appropriated or sold” there shall
be substituted the words “appropriated, sold or leased”;
(j) in Article 45 –
(i) for the words “sold under Article 40(2)(b)”
there shall be substituted the words “sold or leased under Article 40(2)(b)”,
(ii) for the words “appropriated or sold” there shall
be substituted the words “appropriated, sold or leased”,
(iii) for sub-paragraph (a) there shall be substituted the
following sub-paragraph –
(i) an appropriation, the gross value realized by virtue of the
appropriation,
(ii) a sale, the amount of the gross proceeds of the sale, or
(iii) a
lease, the amount of the gross proceeds of the lease which, in accordance with
the lease agreement, is expected over the term of the lease and the residual
value that aircraft or aircraft engine is expected to have on expiry of the
lease;”,
(iv) in sub-paragraph (b) for the words “appropriation
or sale” there shall be substituted the words “appropriation, sale
or lease”,
(v) in sub-paragraph (d) after the word “sale” there
shall be inserted the words “or lease”;
(k) in Article 46 –
(i) in paragraph (1) –
(A) after
the word “sold” there shall be inserted the words “or
leased”,
(B) in
sub-paragraph (a) after the word “sale” there shall be inserted
the words “or lease”,
(ii) in paragraph (2) after the word “sale”
there shall be inserted the words “or lease”;
(l) in Article 48 –
(i) in paragraph (1)(b) after the word “sold”
there shall be inserted the words “or leased” and after the word
“sale” there shall be inserted the words “or lease”,
(ii) in paragraph (3) –
(A) after
the word “sale” wherever it occurs in that paragraph there shall be
inserted the words “or lease”,
(B) after
the word “selling” there shall be inserted the words “or
leasing”;
(m) in Article 50 –
(i) in the heading after the word “purchaser” there
shall be inserted the words “or lessor”,
(ii) in paragraph (1) after the word “purchaser”
there shall be inserted the words “or lessor” and for the words
“appropriated or sold” there shall be substituted the words
“appropriated, sold or leased”,
(iii) in paragraph (2)(b)
for the words “appropriating or selling” there shall be substituted
the words “appropriating, selling or leasing”;
(n) in Article 51(1)
after the word “sell” there shall be inserted the words “or
lease”;
(o) in Article 52 –
(i) in paragraph (1)(a) after the word “sale”
there shall be inserted the words “or lease”,
(ii) in paragraph (2) for the words “appropriate or sell”
there shall be substituted the words “appropriate, sell or lease”,
(iii) paragraph (3) shall be deleted;
(p) for Article 65(g) there shall be substituted the
following sub-paragraph –
“(g) for
fees to be payable, in addition to any fees prescribed under this Law;”.
2 Amendment
of the Air Navigation (Jersey) Law 2014
After Article 173 of the Air
Navigation (Jersey) Law 2014[2] there shall be inserted the following Article –
“173A Jurisdiction
in case of offences on board aircraft
(1) This Article applies
where a person is charged with having committed an offence –
(a) on
board an aircraft registered in Jersey and at the time the offence is committed
the aircraft is outside Jersey; or
(b) on
board an aircraft registered in a country other than Jersey and that person is
a British citizen ordinarily resident in Jersey and is not a national of the
country in which the aircraft is registered,
and that person is present
in Jersey.
(2) Where this Article
applies a court in Jersey has jurisdiction to deal with the offence referred to
in paragraph (1)(a) or (b).
(3) For the purpose of
investigating and prosecuting the offence it shall be assumed that the offence
was committed in St. Helier.
(4) In paragraphs (1) ‘charged
with having committed an offence’ includes being accused of having
committed the offence.”.
3 Citation
and commencement
This Law may be cited as the Aircraft
Registration and Air Navigation (Miscellaneous Provisions) (Jersey) Law 2015
and shall come into force on the date of coming into force of the Aircraft
(Registration) (Jersey) Law 2014[3].
L.-M. HART
Deputy Greffier
of the States