Civil Aviation Act (Channel Islands) Order, 1953
| Jurisdiction | UK Non-devolved |
| Citation | SI 1953/393 |
| Year | 1953 |
1953 No. 393
The Civil Aviation Act (Channel Islands) Order, 195311thMarch 1953
12thMarch 1953
20thApril 1953
At the Court at Buckingham Palace, the 11th day of March, 1953
Present,
The Queen's Most Excellent Majesty in Council
Whereas by subsection (1) of section sixty-seven of the Civil Aviation Act, 1949(a) (hereafter in this Order referred to as "the Act"), it is provided that Her Majesty may by Order in Council direct that any of the provisions of the Act shall extend, with such exceptions, modifications and adaptations, if any, as may be specified in the Order, to any of the Channel Islands:
Now, therefore, Her Majesty in pursuance of the power conferred upon Her by the said section sixty-seven is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
1. The provisions of the Act shall extend to the Channel Islands with the exceptions, modifications and adaptations specified in the Schedule to this Order.
2. In this Order the expression "the Channel Islands" means the Bailiwicks of Jersey and Guernsey and the territorial waters adjacent thereto.
3. The Interpretation Act, 1889(b), shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.
4. This Order may be cited as the Civil Aviation Act (Channel Islands) Order, 1953, and shall come into operation on the twentieth day of April, 1953.
W. G. Agnew.
SCHEDULE
EXCEPTIONS, MODIFICATIONS AND ADAPTATIONS
PART I
EXCEPTIONS
(Provisions of the Act which are not extended)
Section seven.
In section eight, paragraph (o) of subsection (2) and subsections (5) and (6).
Section twelve.
In section thirteen, subsections (3) and (4).
Section fifteen.
In section sixteen, subsections (1) and (2).
Sections seventeen to twenty-two.
In section twenty-three, subsections (1), (3), (4), (8), (9), (10) and (11).
Sections twenty-four to thirty-seven.
Section thirty-nine.
In section forty-three, subsection (5) and paragraph (b) of subsection (6).
(a) 12, 13 & 14 Geo. 6. c. 67.
(b) 52 & 53 Vict. c. 63.
Section forty-seven.
In section fifty-two, subsections (2) and (4) and paragraphs (a) and (b) of subsection (5).
Section fifty-five.
In section sixty-three, subsections (2) and (7).
Sections sixty-four to sixty-seven.
In section sixty-eight, subsection (1).
Section sixty-nine.
First Schedule.
Second Schedule.
Third Schedule.
Fourth Schedule.
In the Sixth Schedule, paragraph 7 and sub-paragraphs (3) and (4) of paragraph 8.
Seventh Schedule.
Ninth Schedule.
Tenth Schedule.
Eleventh Schedule.
PART II
MODIFICATIONS AND ADAPTATIONS
1. Any reference to the Civil Aviation Act, 1949, shall be construed as a reference to that Act as extended to the Channel Islands by this Order.
2. In section eight—
(a) in subsection (2), for the words "the United Kingdom", wherever they occur, there shall be substituted the words "the Channel Islands";
(b) in subsection (3), for the words "the United Kingdom", where they first occur, there shall be substituted the words "the Channel Islands" and immediately after the words "the United Kingdom", where they secondly occur, there shall be inserted the words "or the Channel Islands".
3. In section nine—
(a) in subsection (1), for the words "the United Kingdom" there shall be substituted the words "the Channel Islands";
(b) for subsection (3) there shall be substituted the following subsection:—
"(3) Any person who suffers direct injury or loss, owing to the operation of an Order of the Secretary of State under this section, shall be entitled to receive compensation from the Secretary of State, the amount thereof to be fixed, in default of agreement, by reference to arbitration wherein one arbitrator shall be appointed by the Secretary of State and the other by the person claiming to suffer injury or loss, and before the arbitration is proceeded with an umpire shall be appointed by the Royal Court, the award of the arbitrators, if not in disagreement, or of the umpire if the arbitrators disagree, to be final and binding; and any arbitration under this subsection shall, unless the person claiming to have suffered direct injury or loss otherwise in writing agrees, be held in Jersey or Guernsey, as the case may be:
Provided that no compensation shall be payable by reason of the operation of a general Order under...
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