SCHEDULE 1
Article 2
EXTENSION OF PROVISIONS OF THE CIVIL AVIATION ACT 1982 TO THE BAILIWICK OF GUERNSEY
PART I
PROVISIONS EXTENDED
Section 2 (constitution of CAA), together with paragraphs 11 and 17 of Schedule 1.
Section 24 (Eurocontrol), together with Schedule 43.
Subsection (1) 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.)4.
Subsections (1) and (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 (6) of section 67 (supplementary provisions relating to air transport licensing).
Section 71 (regulation of provision of accommodation in aircraft).
Section 73 (charges for air navigation services etc.).
Section 74 (provisions supplementary to section 73).
Section 74A (enforcement of foreign judgments etc. in respect of route charges)5.
Section 75 (investigation of accidents)6.
Section 76 (liability of aircraft in respect of trespass, nuisance and surface damage).
Section 77 (nuisance caused by aircraft on aerodromes).
Subsections (1) to (5) and (12) of section 78 (regulation of noise and vibration from aircraft).
Section 81 (dangerous flying)7.
Section 84 (provision by others of information for the CAA and the Secretary of State)8.
Section 87 (application of law of wreck and salvage to aircraft).
Section 88 (detention and sale of aircraft for unpaid airport charges).
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)9.
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)10.
Section 101 (power to apply certain provisions to Crown aircraft).
Subsections (1) and (2) of section 102 (powers to make Orders in Council, orders and regulations), together with Schedule 13.
Section 105 (general interpretation)11.
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 GUERNSEY BY PART I OF THIS SCHEDULE
1. Any reference in the Act to the Act or a provision of it is, unless the contrary intention appears, a reference to the Act or provision as extended to the Bailiwick of Guernsey.
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 Board”; 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 (fixing by reference to noise factors the charges for using licensed aerodromes) there shall be inserted the following section:
“Regulations in respect of property
38A. The Board may by regulations 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 Board or under its control, or in any aircraft on any such premises, and any such regulations 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 regulations.”.
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 occur there shall be substituted “Guernsey”;
(c) in subsection (4), for the words “the United Kingdom” in the first place where those words occur there shall be substituted “Guernsey”; and
(d) subsection (5) shall be omitted.
6. Section 62 (control of aviation in time of war or emergency) shall be amended as follows:
(a) in subsections (1)(a) and (4) for the words “the United Kingdom”, in each place where those words occur, there shall be substituted “Guernsey”;
(b) in subsection (3) for the words “in default of agreement by the Lands Tribunal” there shall be substituted “, in the event of dispute, by arbitration”; and
(c) in subsection (4) for the words from the beginning of the subsection to “any land” there shall be substituted “The provisions of the Arbitration (Guernsey) Law 1982, as amended, shall apply for the purpose of subsection (3) above as if an arbitration agreement existed between the parties to the dispute in respect of the matter in dispute;”.
7. 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 “Guernsey”;
(c) subsection (3) shall be omitted;
(d) in subsection (6), for the words from “in default of agreement” to the end there shall be substituted “in the event of dispute, by arbitration; and the provisions of the Arbitration (Guernsey) Law 1982, as amended, shall apply for the purpose of this subsection as if an arbitration agreement existed between the parties to the dispute in respect of the matter in dispute”.
8. Section 64 (restriction of unlicensed carriage by air for reward) shall be amended as follows:
(a) in subsection (1) for the word “below” there shall be substituted “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 “Guernsey”;
(c) in subsection (3) for the words “prescribed manner”, in both places where those words occur, there shall be substituted “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 Guernsey.”; and
(e) in subsection (7), for the words “the United Kingdom” there shall be substituted “Guernsey”.
9. Section 71 (regulation of provision of accommodation in aircraft) shall be amended as follows:
(a) for the words “Secretary of State”, wherever those words occur, there shall be substituted “Board”;
(b) in subsection (1), for the words “the United Kingdom” there shall be substituted “Guernsey”; and
(c) in subsection (2)—
(i) the words “after consultation with the CAA”,
(ii) in paragraph (d), the words “a Minister of the Crown”, and
(iii) paragraph (f),
shall be omitted.
10. Section 73 (charges for air navigation services etc.) shall be amended as follows:
(a) for the words “Secretary of State”, wherever those words occur, there shall be substituted “Board”, together with (where necessary) the consequential substitution of “it” for “he” or “him”;
(b) in subsection (1)—
(i) in paragraph (a), the words “or the CAA or Eurocontrol” and “the CAA, Eurocontrol or any other person or by any person jointly”, and
(ii) paragraph (b),
shall be omitted;
(c) subsections...
