Jersey Aircraft Registry: Law Drafting instructions for creation

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A decision made on 15 November 2013:

Decision Reference: MD –E- 2013-0103
Decision Summary Title :	Law Drafting Instructions for the creation of the Jersey Aircraft Registry		Date of Decision Summary:	November 2013
Decision Summary Author:	Strategic Policy Manager		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	n/a
Written Report Title :	Summary of Drafting Instructions		Date of Written Report:	November 2013
Written Report Author:	Strategic Policy Manager		Written Report : Public or Exempt?	Public
Subject: Formal instructions to the Law Draftsman to commence law drafting substantive primary legislation - The Aircraft Registry (Jersey) Law. A separate Ministerial Decision will be prepared for the Minister for External Relations, supported by the above same written report giving formal instructions to the Law Draftsman for consequential amendments or replacement of existing legislation to enable the establishment of the Jersey Aircraft Registry.
Decision(s): The Minister made a policy decision to establish a Jersey Aircraft Registry. This Ministerial Decision is to formally request the Law Draftsman to draft the requisite legislation to establish the Registry.
Reason(s) for Decision: To establish the Jersey Aircraft Registry, it is necessary to develop new substantial primary legislation to provide specifically for the establishment of this in the form of The Aircraft Registry (Jersey) Law which is the responsibility of the Minister for Economic Development. In addition, there will be consequential amendments or replacement of existing legislation relating to air navigation, rules of air and safety and security which will be required as a result of the establishment of the Registry and as such will require substantial changes to legislation that falls under the aegis of the Minister for External Relations. A separate Ministerial Decision will be prepared to cover these areas sharing the above same written report.
Resource Implications: There are no resource implications in the law drafting of the requisite legislation.
Action required: The Law Draftsman to agree to commence drafting the requisite legislation to develop the necessary legislative framework to establish the Jersey Aircraft Registry
Signature: Senator AJH Maclean		Position: Minister for Economic Development
Date Signed: 15th November 2013		Date of Decision (If different from Date Signed):

Jersey Aircraft Registry: Law Drafting instructions for creation

Summary of Drafting Instructions

Background

In September 2013, the Minister for Economic Development, made a policy decision and consequently signed a Ministerial Decision (MD-E-2013-0089) to establish a Jersey Aircraft Registry.

An ‘Action Required’ in the ‘Decision Summary’ of the Ministerial Decision was a request for law drafting time to develop the necessary legislative framework to establish the Jersey Aircraft Registry, which has now been agreed. However, to progress this further, it is necessary to formally outline the exact legislation that requires law drafting.

The laws to be drafted are twofold: the creation of substantial primary legislation that falls under the aegis of the Minister for Economic Development - The Aircraft Registry (Jersey) Law.

In addition, there will be a requirement for consequential amendments or replacement of existing legislation relating to air navigation, rules of air and safety and security which will be required as a result of the establishment of the Registry, together with certain updates in line with current European Union aviation standards, and as such will require substantial changes to the following legislation which all fall under the Minister for External Relations responsibilities:

Repeal the Air Navigation (Jersey) Order 2008 and replace it with an Air Navigation (Jersey) Law that takes into account the updates in the UK Air Navigation Order 2009 and the Overseas Territories Air Navigation Order 2007 and current ICAO standards.

Repeal and replacement of the Rules of Air (Jersey) Order 2000 - This will incorporate the new Standard European Rules which will be required by the UK at the end of 2014 and which are being proposed by the DCA.

Repeal and replacement of the Air Navigation (Dangerous Goods (Jersey) Order 2009.

Amendments to Civil Aviation (Jersey) Law 2008 to provide for powers of the DCA in relation to airworthiness and safety and security and registration of births and deaths occurring on Jersey registered aircrafts.

Amendments to the Civil Aviation (Investigation of Air Accidents and Incidents) (Jersey) Order 2000 to provide for investigations of air accidents involving Jersey registered aircrafts

The changes to the above legislation, although required by Economic Development for the creation of the Aircraft Registry, as they are consequential, are substantial in their own right and therefore it is appropriate to have separate Ministerial Decisions from the Minister for Economic Development and Minister for External Relations, joined by a common written report.

Resource Implications:

There are no additional resource implications for the creation and amendments and replacements of the various pieces of legislation.