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Aerodromes (Administration) (Jersey) Law 1952

Unofficial Consolidated Version

03.035

Showing the law as at 1 January 2019

 




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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 level 1 on the standard scale.[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.

 


Endnotes

Table of Legislation History

Legislation

Year and Number

Commencement

Aerodromes (Administration) (Jersey) Law 1952

L.17/1952

21 June 1952

Aerodromes (Administration) (Amendment) (Jersey) Law 1967

L.19/1967

8 September 1967

Aerodromes (Administration) (Amendment No. 2) (Jersey) Law 1982

L.10/1982

9 July 1982

Aerodromes (Administration) (Amendment No. 3) (Jersey) Law 1991

L.5/1991

10 May 1991

Aerodromes (Administration) (Amendment No. 4) (Jersey) Law 2001

L.21/2001

17 August 2001

States of Jersey (Amendments and Construction Provisions No. 10) (Jersey) Regulations 2005

R&O.50/2005

9 December 2005

Employment of States of Jersey Employees (Jersey) Law 2005

L.26/2005

9 December 2005

Civil Aviation (Jersey) Law 2008

L.35/2008

1 January 2009

Criminal Procedure (Connétables and Centeniers) (Amendment) (Jersey) Law 2009

L.2/2009

9 January 2009

Summary Fines (Miscellaneous Amendments) (Jersey) Law 2010

L.2/2010

15 January 2010

Connétables (Miscellaneous Provisions – Consequential Amendments) (Jersey) Regulations 2014

R&O.81/2014

1 August 2014 (R&O.80/2014)

Air and Sea Ports (Incorporation) (Jersey) Law 2015

L.9/2015

1 October 2015

(R&O.105/2015)

States of Jersey (Transfer of Functions No. 8) (Miscellaneous Transfers) (Jersey) Regulations 2015

R&O.158/2015

1 January 2016

Criminal Justice (Miscellaneous Provisions) (Jersey) Regulations 2016

R&O.97/2016

20 September 2016

Table of Renumbered Provisions

Original

Current

4A

5

4B

6

5

7

6

spent, omitted from this revised edition

7

8

Table of Endnote References



[1]                                     This Law has been amended by the States of Jersey (Amendments and Construction Provisions No. 10) (Jersey) Regulations 2005. The amendments replace all references to a Committee of the States of Jersey with a reference to a Minister of the States of Jersey, and remove and add defined terms appropriately, consequentially upon the move from a committee system of government to a ministerial system of government

[2] Long title                     amended by L.35/2008

[3]                                     chapter 03.530

[4]                                     chapter 19.060

[5] Article 1                      amended by L.5/1991, L.26/2005, L.35/2008, L.9/2015, R&O.158/2015

[6] Article 1A                    inserted by L.35/2008

[7] Article 2                      substituted by L.26/2005

[8] Article 2(1)                  substituted by L.9/2015

[9] Article 2(2)                  substituted by L.9/2015

[10] Article 2(3)                 substituted by L.35/2008, amended by L.9/2015

[11] Article 2(4)                 substituted by L.9/2015

[12] Article 3                     amended by L.5/1991

[13] Article 3(2)                 amended by R&O.81/2014

[14] Article 4(2)                 substituted by L.21/2001

[15] Article 4(3)                 inserted by L.21/2001

[16] Article 4(4)                 added by L.9/2015

[17] Article 4(5)                 added by L.9/2015

[18] Article 5                     inserted by L.19/1967

[19] Article 5(1)                 substituted by L.21/2001, amended by L.2/2009, L.2/2010, R&O.81/2014, R&O.97/2016

[20] Article 5(2)                 amended by R&O.81/2014

[21] Article 6                     substituted by L.21/2001       

[22] Article 7                     substituted by L.9/2015


Page Last Updated: 28 Feb 2020