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(e)     Article 30 shall be repealed;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 –

“(a)    in the case of –

(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

 


 



[1]                                    L.23/2014

[2]                                    chapter 03.250

[3]                                    L.23/2014


Page Last Updated: 14 Apr 2016