SCHEDULE 1
Article 2
EXTENSION OF PROVISIONS OF THE CIVIL AVIATION ACT 1982 TO THE BAILIWICK OF JERSEY
PART I
PROVISIONS EXTENDED
Section 2 (constitution of CAA), together with paragraphs 11 and 17 of Schedule 1.
Section 24 (Eurocontrol), together with Schedule 42
Subsection of section 38 (fixing by reference to noise factors the charges for using licensed aerodromes).
Section 60 (power to give effect to Chicago Convention and to regulate air navigation, etc.)3.
Subsectionsand (2) of section 61 (Air Navigation Orders etc.: supplemental).
Section 62 (control of aviation in time of war or emergency).
Section 63 (control of CAA and air transport undertakings in time of war or emergency).
Section 64 (restriction of unlicensed carriage by air for reward).
Subsection of section 67 (supplementary provisions relating to air transport licensing).
Section 71 (regulation of provision of accommodation in aircraft).
Section 74A (enforcement of foreign judgments etc. in respect of route charges)4.
Section 75 (investigation of accidents)5.
Section 76 (liability of aircraft in respect of trespass, nuisance and surface damage).
Section 77 (nuisance caused by aircraft on aerodromes).
Subsections to (5)and (12) of section 78 (regulation of noise and vibration from aircraft).
Section 81 (dangerous flying)6.
Section 84 (provision by others of information for the CAA and the Secretary of State)7.
Section 87 (application of law of wreck and salvage to aircraft).
Section 89 (exemption of aircraft and parts thereof from seizure on patent claims), together with Schedule 12.
Section 90 (power to give effect to Convention on rights in aircraft).
Section 92 (application of criminal law to aircraft).
Section 94 (powers of commander of aircraft)8.
Section 95 (provisions as to evidence in connection with aircraft).
Section 96 (use of records and documentary evidence).
Section 97 (seaplanes).
Section 98 (construction of certain provisions of Part IV).
Section 99 (offences)9.
Section 101 (power to apply certain provisions to Crown aircraft).
Subsections and (2) of section 102 (powers to make Orders in Council, orders and regulations), together with Schedule 13.
Section 105 (general interpretation)10.
Section 106 (application of Act to territorial waters).
Section 109 (transitional provisions, consequential amendments, repeals etc.), together with paragraphs 1, 2, 3, 6, 7 and 13 of Schedule 14, paragraphs 6, 10, 13 and 21 of Schedule 15 and Schedule 16.
Subsection (1) of section 110 (citation and commencement).
PART II
MODIFICATIONS (INCLUDING ADDITIONS, OMISSIONS AND AMENDMENTS) TO THE PROVISIONS OF THE CIVIL AVIATION ACT 1982 WHICH ARE EXTENDED TO THE BAILIWICK OF JERSEY BY PART I OF THIS SCHEDULE
1. Any reference in the Act to the Act or a provision of it is a reference to the Act or provision as extended to the Bailiwick of Jersey.
2. In section 2 (constitution of CAA):
(a) in subsection (1) for the words “the following provisions of this section” there shall be substituted “this section as it has effect in the United Kingdom”; and
(b) subsection (2) shall be omitted.
3. In section 38(1) (fixing by reference to noise factors the charges for using licensed aerodromes):
(a) for the words “any aerodrome authority” and “an aerodrome authority” there shall be substituted “the Committee”;and
(b) for the words “its charges” there shall be substituted “the charges it makes for the use of an aerodrome”.
4. After section 38 there shall be inserted the following section:
“Order in respect of property
38A. The Committee may by order make provision for securing the safe custody and redelivery of any property which, while not in its proper custody, is found on any premises belonging to the Committee or under its control, or in any aircraft on any such premises, and any such order may in particular provide for —
(a) requiring charges to be paid in respect of any such property before it is redelivered; and
(b) authorising the disposal of any such property if it is not redelivered before the expiration of such period as may be specified in the order.”.
5. Section 60 (power to give effect to Chicago Convention and to regulate air navigation, etc.) shall be amended as follows:
(a) in subsection (1) the words “Subject to section 11(7) above,” shall be omitted;
(b) in subsection (3), for the words “the United Kingdom” wherever those words, except in paragraph (a), occur there shall be substituted “Jersey”;
(c) in subsection (4), for the words “the United Kingdom” in the first place where those words occur there shall be substituted “Jersey”; and
(d) subsection (5) shall be omitted.
6. In subsection (2) of section 61 (Air Navigation Orders etc.: supplemental), paragraphs (a) and (b) and the words “on indictment” in paragraph (c) shall be omitted.
7. Section 62 (control of aviation in time of war or emergency) shall be amended as follows:
(a) in subsection (1)(a) for the words “the United Kingdom” there shall be substituted “Jersey”;
(b) in subsection (3) for the words “by the Lands Tribunal” there shall be substituted “by reference to arbitration conducted in accordance with subsections (4) and (5) below”; and
(c) for subsection (4) there shall be substituted the following subsections:
“4 For the purpose of subsection (3) above there shall be two arbitrators, one appointed by the Secretary of State and the other appointed by the person claiming to have suffered direct injury or loss; before the arbitration is proceeded with, the Royal Court shall appoint an umpire.
5 The award of the arbitrators, or, in default of agreement between them, the umpire, appointed under subsection (4) above, shall be final and binding.
6 No compensation shall be payable by reason of the operation of a general order under this section prohibiting flying in Jersey or any part thereof or over any area of sea.”.
8. Section 63 (control of CAA and air transport undertakings in time of war or emergency) shall be amended as follows:
(a) in subsection (1), paragraph (a) shall be omitted;
(b) in subsection (2), for the words “the United Kingdom” there shall be substituted “Jersey”;
(c) subsection (3) shall be omitted;
(d) in subsection (5), paragraph (a) and, in paragraph (b), the words “on indictment” shall be omitted;
(e) in subsection (6), for the words from “by the Lands Tribunal” to the end of the subsection there shall be substituted “by reference to arbitration conducted in accordance with subsections (7) and (8) below”; and
(f) after subsection (6) there shall be inserted the following subsections:
“7 For the purpose of subsection (6) above there shall be two arbitrators, one appointed by the Secretary of State and the other appointed by the person claiming to have suffered direct injury or loss; before the arbitration is proceeded with, the Royal Court shall appoint an umpire.
8 The award of the arbitrators, or, in default of agreement between them, the umpire, appointed under subsection (7) above, shall be final and binding.”.
9. Section 64 (restriction of unlicensed carriage by air for reward) shall be amended as follows:
(a) in subsection (1)(a) after the word “below” there shall be inserted “as it has effect in the United Kingdom”;
(b) in subsection (2), for the words “the United Kingdom” in the second place where those words occur there shall be substituted “Jersey”;
(c) in subsection (3) for the words “prescribed manner”, in both places where those words occur, there shall be substituted “in the manner prescribed by regulations made or having effect as if made under this section as it applies in the United Kingdom”;
(d) at the end of subsection (6) there shall be added: “In this subsection any reference to the United Kingdom, except references to a United Kingdom national, shall be construed as including a reference to Jersey.”;
(e) in subsection (7), for the words “the United Kingdom” there shall be substituted “Jersey”; and
(f) in subsection (8) paragraph (a) and the words “on conviction on indictment” in paragraph (b) shall be omitted.
10. In section 67(6) (supplementary provisions relating to air transport licensing), paragraph (a) and the words “on conviction on indictment” in paragraph (b) shall be omitted.
11. Section 71 (regulation of provision of accommodation in aircraft) shall be amended as follows:
(a) for any reference to regulations there shall be...
