Draft Civil Aviation (Jersey) Law 200-
European Convention on Human Rights
In accordance with the provisions of Article 16 of the
Human Rights (Jersey) Law 2000 the Minister for Home Affairs has made the
following statement –
In the view of the Minister for Home Affairs the
provisions of the Draft Civil Aviation (Jersey) Law 200- are compatible with
the Convention Rights.
(Signed) Senator W. Kinnard
REPORT
Background
Jersey is, through the United Kingdom’s ratification, a party to the Chicago Convention on International Civil Aviation (“the Convention”) which is the international convention governing arrangements for civil aviation.
The International Civil Aviation Organisation (“ICAO”), a regulatory body established under the Convention, monitors compliance with ICAO Member States’ obligations under the Convention. An audit of the United Kingdom’s arrangements for regulating international civil aviation took place in 2000.
In its report, ICAO raised concerns about regulation in some of the overseas territories where, as is the case in Jersey and the other Crown Dependencies, airports are operated by the government. The United Kingdom Government has since confirmed to the governments of the Crown Dependencies that these concerns apply equally to the regulation of international civil aviation in all the Crown Dependencies.
Under the Convention, the United Kingdom is responsible for ensuring the maintenance of international standards of aviation in the Crown Dependencies, as set out in the Standards and Recommended Practices, laid down in the 18 Annexes to the Convention.
It is expected that in the course of the next audit of the United Kingdom, the United Kingdom Government will be asked to demonstrate that it has made satisfactory arrangements for ensuring the continued adherence to the Convention’s Standards and Recommended Practices in the Crown Dependencies.
The area of concern for ICAO in relation to the overseas territories, and thus by extension to the Crown Dependencies, is the apparent lack of independence of the regulator from the airport operator. The current arrangement under which both the administrative and regulatory functions at Jersey Airport are the responsibility of, and are carried out by, the same authority (the Minister for Economic Development or the Airport Director under the authority of the Minister) does not meet with ICAO standards and must be changed. It is necessary to separate the functions of airport operator and regulator between 2 bodies.
Discussions have been held between officials from all the Crown Dependencies and the United Kingdom, from which it has emerged that the ICAO requirements would be met by a new legislative regime in which:
· A local regulator is in place who is demonstrably independent of the airport operator.
· The advice from the local regulator has to be accepted by the airport operator and that the regulator is required to enforce the appropriate international standards.
· The regulator has power to enforce compliance.
Accordingly, the Director of Civil Aviation will be responsible to the Minister for Home Affairs, while the Airport Director will continue to be responsible to the Minister for Economic Development.
In carrying out the functions of the office of Director of Civil Aviation, the Director will be required to act in a way best calculated to achieve compliance with the international obligations that bind Jersey in respect of the safety of civil aviation.
This means, in particular, compliance with the Chicago Convention concluded on 7th December 1944 at the International Civil Aviation Conference held in that city.
After the Law comes into force, an operator of an aerodrome (at present the States of Jersey, in the case of Jersey Airport) will be required to obtain and comply with an aerodrome licence. The Director of Civil Aviation will be the licensing authority.
The Director will also be required to tender advice to the Minister on the safety of civil aviation and international relations and commitments in respect of civil aviation.
Consultations
A consultation paper was issued to the main stakeholders on 10th December 2007 with a closing date for comments of 20th January 2008.
Three responses were received, none of which were judged to require changes to the draft Law.
Financial/manpower
implications
There are no additional manpower implications for the States resulting from this Law. The Office of the Director of Civil Aviation will be staffed by one person, the Director, being transferred from the Economic Development (Airport) headcount to Home Affairs. Once the Office is fully established and the international audit completed, it is planned to reduce the post of Director to a part-time one, although it may be necessary then to employ a part-time administrator/assistant.
The financial cost of the Office, including staff costs, will be met by payments by Jersey Airport, of a licence fee. Jersey Airport currently contracts with technical experts in various fields to provide regulatory advice; these contracts and the cost of same will be transferred from Jersey Airport to the Office of the Director of Civil Aviation. Overall financial cost increases will be limited to such matters as office accommodation.
European Convention on Human Rights
Article 16 of the Human Rights (Jersey) Law 2000
requires the Minister in charge of a Projet de Loi to make a statement about
the compatibility of the provisions of the Projet with the Convention rights
(as defined by Article 1 of the Law). On 28th January 2008 the Minister
for Home Affairs made the following statement before Second Reading of this
Projet in the States Assembly –
In the view of the Minister for Home Affairs the
provisions of the Draft Civil Aviation (Jersey) Law 200- are compatible with
the Convention Rights.
Explanatory Note
This Law will create the office of Director of Civil Aviation, with the responsibility the safety of civil aviation in Jersey.
It would, therefore, separate the safety of civil aviation from the management and operation of Jersey Airport.
Accordingly, the Director of Civil Aviation will be responsible to the Minister for Home Affairs, while the Airport Director will continue to be responsible to the Minister for Economic Development.
In carrying out the functions of the office of Director of Civil Aviation, the Director will be required to act in a way best calculated to achieve compliance with the international obligations that bind Jersey in respect of the safety of civil aviation.
This means, in particular, compliance with the Chicago Convention concluded on 7th December 1944 at the International Civil Aviation Conference held in that city.
After the Law comes into force, an operator of an aerodrome (at present the States of Jersey, in the case of Jersey Airport) will be required to obtain and comply with an aerodrome licence. The Director of Civil Aviation will be the licensing authority.
The Director will also be required to tender advice to the Minister on the safety of civil aviation and international relations and commitments in respect of civil aviation.
Although the Civil Aviation Authority in the United Kingdom will continue to be responsible for issuing air transport licences under the Civil Aviation Act 1982, the new Law will itself provide for those other matters relating to civil aviation that are at present regulated under United Kingdom legislation that extends to Jersey.
The Law will do so either directly – for example, in respect of the licensing of aerodromes – or indirectly, by conferring on the States and on the Minister power to make subordinate legislation by way of Regulations and Orders, such as Air Navigation Orders.
Part 1 - Interpretation
Article 1 defines expressions used in the Law.
Part 2 Administration
of civil aviation
Appointment of Director of
Civil
Aviation
Article 2 establishes the office of Director of Civil Aviation and sets out its status as a corporation sole responsible to the Minister.
Article 3 provides that the person appointed to the office of the Director of Civil Aviation is to be appointed by the Minister after consulting the States Employment Board. The person must have experience and expertise in the regulation of civil aviation, and must be otherwise a fit and proper person to hold the office.
Article 4 sets out the terms of appointment of a person to be the Director including terms that guarantee his or her independence.
Article 5 provides for an acting appointment to the office of Director.
Article 6 requires the Minister to ensure that the Director has sufficient resources to carry out his or her functions. The Minister must first consult the Minister for Treasury and Resources and the Minister for Economic Development on the proposed level of the resources. (To determine to what extent the office of Director is to be funded by the public and to what extent by Jersey Airport.)
Article 7 allows the Director to enter into contracts for certain of the functions of the office to be carried out by other qualified people.
Article 8 allows the Director to delegate functions of the office of Director to States’ employees or to people contracted to carry out the functions.
Article 9 requires the Director to provide the Minister with an annual report, which the Minister must lay before the States.
Functions of
Director of Civil Aviation
Article 10 sets out the functions of the office of Director, being mainly to ensure the safety of aerodromes and air traffic.
Article 11 allows the Director to require certain people to supply the Director with information needed to carryout the functions of the office of Director.
Part 3 – Licensing of aerodromes
Article 12 provides that, with certain exceptions, aircraft must only land and take off from licensed aerodromes.
Article 13 sets out set out how the operator of an aerodrome may apply for a licence.
Article 14 requires the Minister to determine the fee payable on the grant or renewal of an aerodrome licence. Since this will be a fairly substantial amount, the Minister must first seek and consider the advice of the Minister for Treasury and Resources and the Minister for Economic Development (again a question of who pays for the office of Director).
Article 15 sets out how an aerodrome licence may be revoked, suspended or varied.
Article 16 sets out a system of appeals from decisions of the Director, first to the Minister and then to the Royal Court.
Article 17 allows the Minister to give directions to the holder of an aerodrome licence to do or not to do things where the Minister considers it to be in the public interest to do so or in the interest of relations with other countries.
Article 18 makes it an offence for a person to give false information in connection with an application.
Part 4 – Air Navigation Orders
Article 19 allows the Minister to make Air Navigation Orders to give effect to the Chicago Convention and generally to regulate air navigation. These Orders will be the main vehicles used to give the Director the powers required to discharge the functions of the office of Director.
Part 5 – Miscellaneous
provisions
Article 20 makes it an offence for people who have gained confidential information about a person under the Law to disclose the information except in specified circumstances.
Article 21 allows the States to amend the Law by Regulations to any extent necessary to implement international agreements on civil aviation that bind Jersey.
Article 22 sets out the extent to which the Law applies to the Crown.
Article 23 and the Schedule to the Law provide for consequential amendments to other Laws.
Article 24 sets out transitional provisions.
Article 25 provides how the Law may be cited and when it is to come into force.
