Jersey Law 17/1952
AERODROMES (ADMINISTRATION) (JERSEY) LAW, 1952.
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A LAW to
revise the Law with regard to the policing, control and administration of the
aerodromes of the Island, sanctioned by Order of Her Majesty in Council of the
23rd day of MAY, 1952.
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(Registered on the 21st day of June, 1952).
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STATES OF JERSEY.
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The 19th day of
February, 1952.
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THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law: -
ARTICLE 1
In this Law –
“aerodrome” means any area of land designed, set apart
or commonly used for affording facilities for the landing and departure of
aircraft, and includes a seadrome;
“Airport Commandant” has the meaning assigned thereto
by paragraph (1) of Article 2;
“the Committee” means the Harbours and Airport
Committee;
“the Harbour Master” means the Harbour Master appointed
in pursuance of Article 1 of the “Loi (1928) sur l’Administration
des Ports”, as amended, and includes
any person for the time being exercising the functions of the Harbour Master;
“seadrome” means any area of water designed, set apart
or commonly used for affording facilities for the landing and departure of
aircraft.
ARTICLE 2
(1) The
Harbours and Airport Committee shall appoint a chief executive officer, to be
called “the Airport Commandant”, who shall be entrusted with the
policing, control and administration of the aerodromes of the Island and shall
perform such duties as may be imposed on him by the Committee for the carrying
into effect of any legislation for the time being in force relating to air
navigation.
(2) The
Committee shall appoint one or more persons to deputize for the Airport
Commandant when the Airport Commandant is not on duty, and a person so
appointed shall, when so deputizing, have the same powers and be subject to the
same duties as the Airport Commandant.
(3) The
Airport Commandant and every person appointed under paragraph (2) of this
Article shall, on appointment or as soon as may be thereafter, take oath before
the Royal Court well and faithfully to discharge the duties of their respective
offices.
ARTICLE 3
(1) The
Airport Commandant shall, within the territorial limits of every aerodrome,
have the same powers of dentention 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 Commandant under the powers
conferred upon him by this Article shall be undertaken by the Constable of the Parish
in which the person was arrested.
ARTICLE 4
(1) Subject
to the provisions of any legislation for the time being in force relating to
air navigation, the State may make regulations for the policing, control and
administration of aerodromes.
(2) Regulations
made under this Article may be amended by subsequent regulations and shall
remain in force until repealed.
[ARTICLE 4A
(1) Any
fine imposable for an offence under any regulations made under Article 4 of
this Law, may be inflicted and levied summarily by the Constable or any
Centenier of the parish in which the offence was committed:
Provided that this paragraph shall not apply –
(a) where the offender, if
convicted by a court, would be liable to a fine exceeding five pounds; or
(b) where the offender refuses to
accept the decision of the Constable or Centenier.
(2) Where
any fine is levied by a Constable or Centenier in pursuance of the powers
conferred on him by this Article, he shall give a receipt for the same.
ARTICLE 4B
All fines imposed for offences under any regulations made under
Article 4 of this Law shall be awarded for the benefit of the General Revenues
of the States, except where the maximum fine which may be inflicted for the
offence does not exceed five pounds, in which case one half of the fine shall
be awarded for the benefit of the General Revenues of the State and one half
for the benefit of the parish in which the offence was committed and shall be
applied towards the cost of maintenance of the by-roads of the parish.]
ARTICLE 5
The Committee may direct that any powers conferred or duties
imposed upon the Airport Commandant under or by virtue of this Law may, in
relation to any seadrome, also be exercised by the Harbour Master, and the
provisions of this Law and of the regulations made thereunder shall have effect
accordingly.
ARTICLE 6
(1) The
“Loi sur la Police, le Contrôle et la Régie des Ports
Aériens et des Aérodromes de cette Ile”, confirmed by Order
of His Majesty in Council of the 1st day of July 1937, and the
Airports (Administration) (Jersey) Law, 1948, are
hereby repealed:
Provided that –
(a) the person appointed as
Airport Controller under the first-mentioned Law shall be deemed to have been
appointed as Airport Commandant under this Law; and
(b) any regulations made under
the first-mentioned Law and in force at the time of the commencement of this
Law shall continue in force and have effect as if they had been made under this
Law.
(2) References
in any enactment to the Airport Controller and the Deputy Airport Controller
(whether such references be in the French or the English language) shall be
construed as references to the Airport Commandant and a person appointed under
paragraph (2) of Article 2 of this Law respectively.
ARTICLE 7
This Law may be cited as the Aerodromes (Administration) (Jersey)
Law, 1952.