Aerodromes
(Administration) (Jersey) Law 1952[1]
A LAW with regard to the policing,
control and administration of the aerodromes maintained by the States of Jersey[2]
Commencement
[see endnotes]
1
In this Law –
“aerodrome” means an aerodrome (as defined in
Article 1(1) of the Civil Aviation (Jersey) Law 2008[3]) that is maintained by the
States of Jersey and is operated by the Airport Director under an aerodrome
licence (as defined in Article 1(1) of that Law);
“airport authority” means the
authority appointed under Article 2(1);
“Airport Director”
means the person who is, under Article 2, the Airport Director;
“Harbour Master” has
the meaning it has in the Harbours
(Administration) (Jersey) Law 1961[4] and includes a person acting
under that Law as the Harbour Master;
“Minister” means the
Minister for Economic Development, Tourism, Sport and Culture;
“seadrome” means an area of
water that is an aerodrome.[5]
1A [6]
This Law applies subject to the provisions of the Civil Aviation
(Jersey) Law 2008.
2 Airport
Director[7]
(1) The
Minister shall appoint an airport authority and the authority shall have
responsibility for every aerodrome in Jersey.[8]
(2) The
airport authority shall appoint as Airport Director a person approved by the
Minister, and the person so appointed shall be employed by the airport
authority.[9]
(3) The
airport authority is responsible to the Minister for the policing,
administration and management of Jersey Airport and of each other aerodrome
maintained by the States of Jersey.[10]
(4) The
airport authority may appoint one or more of its employees to act as the
Airport Director during any time when the Airport Director is not on duty, is absent
from Jersey or is suspended from the office of Airport Director or there is a
vacancy in the office of Airport Director.[11]
(5) A
person appointed under paragraph (4) has, while acting as the Airport
Director, the powers and functions of the Airport Director under this or any
other enactment.
(6) The
Airport Director shall, on or as soon as practicable after becoming Airport
Director, take oath before the Royal Court to well and faithfully discharge his
or her duties as Airport Director.
(7) A
person appointed under paragraph (4) to act as the Airport Director shall, on
or as soon as practicable after being so appointed, take oath before the Royal
Court to well and faithfully discharge the duties of the Airport Director while
acting as the Airport Director.
3[12]
(1) The
Airport Director shall, within the territorial limits of every aerodrome, have
the same powers of detention 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 Director under the powers
conferred upon the Airport Director by this Article shall be undertaken by a Centenier having jurisdiction in the matter.[13]
4
(1) Subject
to the provisions of any legislation for the time being in force relating to
air navigation, the States may make Regulations for the policing, control and
administration of aerodromes.
(2) Without
prejudice to the generality of paragraph (1), Regulations made under this Article
may –
(a) require
the payment of fees or charges in respect of any matters arising under or
provided for or authorized by this Law or by such Regulations; and
(b) provide
that any person who contravenes or fails to comply with any provision of the
Regulations, or any direction or order given or issued thereunder, shall be
guilty of an offence and liable, for each such offence, to such penalty as the
Regulations may prescribe.[14]
(3) Regulations
made under this Article may –
(a) make different provision in relation to different cases or
circumstances; and
(b) contain such transitional, consequential, incidental or
supplementary provisions as appear to the States to be necessary or expedient
for the purposes of the Regulations.[15]
(4) Without
prejudice to the generality of paragraphs (1) to (3), the States may by
Regulations make particular provision, in connection with –
(a) the exercise of the powers conferred by Article 3(1);
and
(b) the persons entitled to exercise those powers,
as to the matters
further specified in paragraph (5).[16]
(5) The
matters mentioned in paragraph (4) are –
(a) training;
(b) complaints, discipline, and penalties for misconduct; and
(c) collaboration and co-ordination with police officers.[17]
5[18]
(1) Where
a person is charged with any offence under Regulations made under
Article 4 and accepts the decision of a Centenier
having jurisdiction in the matter, that Centenier may
inflict and levy summarily a fine of an amount not exceeding two fifths of
level 2 on the standard scale or the maximum fine provided for the
offence, whichever is the lower.[19]
(2) Where
any fine is levied by a Centenier in pursuance of the
powers conferred on the Centenier by this Article, the
Centenier shall give a receipt for the same.[20]
6[21]
(1) Save
as provided by paragraph (2), all fines imposed for offences under Regulations
made under Article 4 shall be awarded for the benefit of the annual income
of the States.
(2) Where
a fine is imposed pursuant to Article 5(1), one half of that fine shall be
awarded for the benefit of the parish in which the offence was committed and
the other half shall be awarded for the benefit of the annual income of the
States and applied towards the cost of regulating the parking and circulating
of vehicles within the territorial limits of any aerodrome.
7[22]
The Minister may direct that in relation to any seadrome,
any powers conferred or duties imposed under or by virtue of this
Law –
(a) upon the airport authority, may be exercised by the relevant
harbour authority; and
(b) upon the Airport Director, may be exercised by the Harbour
Master,
and if the Minister
does so the provisions of this Law and of Regulations made under it shall have
effect accordingly.
8 Citation
This Law may be cited as the Aerodromes (Administration) (Jersey)
Law 1952.