Civil Aviation Act 1982
(Jersey) (Amendment) Order 1998
Jersey Order in
Council 18/1998
THE CIVIL
AVIATION ACT 1982 (JERSEY) (AMENDMENT) ORDER
1998
____________
(Registered
on the 3rd day of July 1998)
____________
At the
Court at Buckingham
Palace
____________
18th day of March 1998
____________
PRESENT
The
Queen’s Most Excellent Majesty in Council
____________
HER
MAJESTY, in
pursuance of section 108(1) of the Civil Aviation Act 1982, is pleased, by and with the advice of Her Privy Council, to
order, and it is hereby ordered, as follows –
1. This Order may be cited as the Civil
Aviation Act 1982 (Jersey) (Amendment) Order
1998 and shall come into force on 18th May 1998.
2. In paragraph 14 of Part II of Schedule 1
to the Civil Aviation Act 1982 (Jersey)
Order 1990 (hereinafter referred to as “the
1990 Order”) –
(a) sub-paragraph (c) shall be omitted;
(b) at the end, there shall be added –
“; and
(h) after subsection (12), there shall be added –
“(13) In subsections (1), (3), (4) and (5)
above, “prescribed” means prescribed by order of the Committee.” ”.
3. In paragraph 28 of Part II of Schedule 1
to the 1990 Order, at the end, there shall be added –
“; and
(c) after subsection (5), there shall be added –
“(6) the Subordinate Legislation (Jersey) Law 1960, as amended, shall apply to an
order made by the Committee under this Act as if this Act were an enactment for
the purposes of that Law. ” ”.
N.H. NICHOLLS
Clerk of the
Privy Council.
CIVIL AVIATION
ACT 1982
1982 CHAPTER 16
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ARRANGEMENT OF SECTIONS
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PART I
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ADMINISTRATION
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*
* * * * * *
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PART II
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AERODROMES AND OTHER LAND
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*
* * * * * *
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PART III
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REGULATION OF CIVIL AVIATION
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General
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*
* * * * * *
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War and
emergencies
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* * * * * * *
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Air transport, etc.
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|
*
* * * * * *
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Air
navigation services
|
|
*
* * * * * *
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Trespass
by aircraft and aircraft nuisance, noise, etc.
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76.
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*
* * * * * *
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77.
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*
* * * * * *
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78.
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Regulation
of noise and vibration from aircraft.
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79.
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*
* * * * * *
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80.
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*
* * * * * *
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81.
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*
* * * * * *
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82.
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*
* * * * * *
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Records
and provision of information, etc.
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*
* * * * * *
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PART IV
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AIRCRAFT
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*
* * * * * *
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PART V
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MISCELLANEOUS AND GENERAL
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99.
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*
* * * * * *
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100.
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*
* * * * * *
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101.
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*
* * * * * *
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102.
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Powers
to make Orders in Council, orders and regulations.
|
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103.
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*
* * * * * *
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104.
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*
* * * * * *
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105.
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*
* * * * * *
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106.
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*
* * * * * *
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107.
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*
* * * * * *
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108.
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*
* * * * * *
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109.
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*
* * * * * *
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110.
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*
* * * * * *
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SCHEDULES
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*
* * * *
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ELIZABETH II
CIVIL AVIATION
ACT 1982
1982 CHAPTER 16
AN
ACT to consolidate
certain enactments relating to civil aviation.
[27th May 1982]
BE
IT ENACTED by the
Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords
Spiritual and Temporal, and Commons, in this present Parliament assembled, and
by the authority of the same, as follows
–
PART 1
ADMINISTRATION
* * * * * * *
PART II
AERODROMES
AND OTHER LAND
* * * * * * *
PART III
REGULATION
OF CIVIL AVIATION
General
* * * * * * *
War and emergencies
* * * * * * *
Air transport, etc.
* * * * * * *
Air navigation
services
* * * * * * *
Trespass by
aircraft and aircraft nuisance, noise, etc.
76. * * * * * * *
77. * * * * * * *
Regulation of
noise and vibration from aircraft
78.-(1) The [Committee] may by a notice published [in
the prescribed manner] provide that it shall be the duty of the person who is
the operator of an aircraft which is to take off or land at [an aerodrome] to
secure that, after the aircraft takes off or, as the case may be, before it
lands at the aerodrome, such requirements as are specified in the notice are
complied with in relation to the aircraft, being requirements appearing to the
[Committee] to be appropriate for the purpose of limiting or of mitigating the
effect of noise and vibration connected with the taking off or landing of
aircraft at the aerodrome.
(2) It appears to the [Committee] that any
requirement specified in relation to [an aerodrome] in a notice published in
pursuance of subsection (1) above has not been complied with as respects any
aircraft [it] may, after affording to the person who at the relevant time was
the operator of the aircraft an opportunity of making representations to [it]
with respect to the matter and after considering any representations then made
by that person, [take such steps as may be necessary to ensure that facilities
are withheld to such extent as the Committee may determine from aircraft of
which the person aforesaid is the operator and from his servants].
(3) If the [Committee] considers it appropriate,
for the purpose of avoiding, limiting or mitigating the effect of noise and
vibration connected with the taking-off or landing of aircraft at [an
aerodrome], to prohibit aircraft from taking off or landing, or limit the
number of occasions on which they may take off or land, at the aerodrome during
certain periods, [it] may by a notice published [in the prescribed manner] do
all or any of the following, that is to say –
(a) prohibit aircraft of descriptions specified
in the notice from taking off or landing at the aerodrome (otherwise than in an
emergency of a description so specified) during periods so specified;
(b) specify the maximum number of occasions on
which aircraft of descriptions so specified may be permitted to take off or
land at the aerodrome (otherwise than as aforesaid) during periods so
specified;
(c) determine the persons who shall be entitled
to arrange for aircraft of which they are the operators to take off or land at
the aerodrome during the periods specified under paragraph (b) above and,
as respects each of those persons, the number of occasions on which aircraft of
a particular description of which he is the operator may take off or land at
the aerodrome during those periods.
* * * * *
(4) Without prejudice to subsection (5)(f) below,
a particular occasion or series of occasions on which aircraft take off or land
at an aerodrome shall be disregarded for the purposes of any notice under
subsection (3) above in respect of that aerodrome if –
(a) on that occasion or series of occasions the
aircraft take off or land in circumstances specified for the purposes of this
subsection in relation to that aerodrome by the [Committee] in a notice
published [in the prescribed manner]; and
(b) the [Committee] determines that that occasion
or series of occasions should be so disregarded;
* * * * *
(5) The following supplementary provisions shall
have effect for the purposes of subsection (3) above, that is to say –
(a) it shall be the duty of the [Committee],
before [it] makes a determination in respect of an aerodrome in pursuance of
paragraph (c) of that subsection, to consult any body
appearing to him to be representative of operators or aircraft using the
aerodrome;
(b) a notice under that subsection may make, in
relation to [an aerodrome], provision as respects any period notwithstanding
that the period is included in or that there is included in the period, any
other period as respects which provision relating to the aerodrome is made by
the notice or by another notice under that subsection;
(c) if it appears to the [Committee] that an
aircraft is about to take off in contravention of any prohibition or
restriction imposed in pursuance of that subsection, then * * * * * *, any
person authorised by the [Committee] for the purpose
may detain the aircraft for such period as that person considers appropriate
for preventing the contravention and may, for the purpose of detaining the
aircraft, enter upon the land;
(d) * * * * *
[(e) nothing in that subsection requires the
Committee to prevent an aircraft from landing at an aerodrome]; and
(f) the [Committee] may, by a notice given [in
the prescribed manner] * * * * * determine that a particular occasion or series
of occasions on which aircraft take off or land at the aerodrome shall be
disregarded for the purposes of the notice under that subsection.
(6) * * * * *
(7) * * * * *
(8) * * * * *
(9) * * * * *
(10) * * * * *
(11) * * * * *
(12) Any notice published in pursuance of subsection
(1), (3) or (4) above may contain such incidental or supplementary provisions
as the [Committee] considers appropriate for the purposes of that subsection
and may be varied or revoked by a subsequent notice published in pursuance of
that subsection.
[(13) In subsections (1), (3), (4) and (5) above
“prescribed” means prescribed by order of the Committee.]
79. * * * * * * *
80. * * * * * * *
81. * * * * * * *
82. * * * * * * *
Records and
provision of information, etc.
* * * * * * *
PART IV
AIRCRAFT
* * * * * * *
PART V
MISCELLANEOUS
AND GENERAL
99. * * * * * * *
100. * * * * * * *
101. * * * * * * *
Powers to make
Orders in Council, orders and regulations
102.-(1) Any power conferred on the Secretary of State
by this Act to make an order or regulations, * * * * * * shall be exercisable
by statutory instrument.
(2) The powers to make Orders in Council, orders
and regulations which are conferred by virtue of the provisions of this Act
specified in column 1 of Part II of the said Schedule 13 (being the Orders
in Council, orders and regulations a general description of which is given in
column 2 of that Part) –
(a) * * * * *
(b) shall, to the extent specified in column 4 of
that Part, include the powers conferred by virtue of Part III of that Schedule.
(3) * * * * *
(4) * * * * *
(5) * * * * *
[(6) The Subordinate Legislation (Jersey) Law 1960, as amended, shall apply to an
Order made by the Committee under this Act as if this Act were an enactment for
the purposes of that Law.]
103. * * * * * * *
104. * * * * * * *
105. * * * * * * *
106. * * * * * * *
107. * * * * * * *
108. * * * * * * *
109. * * * * * * *
110. * * * * * * *
SCHEDULES
* * * * * * *