Aerodrome licence fee for 2010

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made on 15 December 2009 to determine the aerodrome licence fee for 2010

Decision Reference: MD-C-2009-0097
Decision Summary Title:	Aerodrome licence fee 2010		Date of Decision Summary:	19 November 2009
Decision Summary Author:	International Relations		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	Aerodrome licence fee 2010		Date of Written Report:	19 November 2009
Written Report Author:	International Relations		Written Report : Public or Exempt?	Public
Subject: Aerodrome licence fee 2010
Decision(s): The Chief Minister decided, in pursuance of Article 14 of the Civil Aviation (Jersey) Law 2008, after receiving the advice of the Minister for Treasury and Resources and the Minister for Economic Development, to determine the aerodrome licence fee for 2010 of £150,000.
Reason(s) for Decision: The Civil Aviation (Jersey) Law 2008 provides, amongst other matter, that the aerodrome may be licensed and that the Chief Minister shall determine and publish the fee payable on the grant or renewal of a licence. The Law also requires that the Chief Minister shall not determine the fee until he has sought and received the advice of the Minister for Treasury and Resources and the Minister for Economic Development. The respective Ministers have agreed the proposed licence fee for 2010.
Resource Implications: The payment of a fee involves the transfer of revenue from Jersey Airport to the Chief Minister’s Department (Director of Civil Aviation). Part of the fee will contribute to the cost of maintaining the office of the Director of Civil Aviation. Further expenditure arising (for example, commissioning services from external providers) would previously have been borne by the Airport directly rather than by the Director of Civil Aviation.
Action required: International Relations to – Publish the information in accordance with the Law; Request Jersey Airport to authorise transfer of the licence fee to the Chief Minister’s Department upon renewal of the aerodrome licence for 2010.
Signature:		Position: Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

Aerodrome licence fee for 2010

REPORT

Aerodrome licence fee 2010

Background

The Civil Aviation (Jersey) Law 2008 came into force on 1 January 2009. The Law provides that the aerodrome (Jersey Airport) must be licensed in order that aircraft can use it, subject to certain exemptions.

A licence may only be granted by the Director of Civil Aviation providing that certain requirements are met, in particular that the aerodrome fulfils the requirements of the Chicago Convention on international civil aviation, 1944, and related Annexes regarding international standards and recommended practices.

An application for a licence also requires the payment of a licensing fee. The fee is intended to cover the costs of the Office of the Director of Civil Aviation (DCA), including services commissioned from external agencies, for example the UK Civil Aviation Authority (CAA). Previously these costs would have substantially been borne directly by the Airport; however, the establishment of an independent regulator for civil aviation involves the transfer of the relevant resources from the Airport to the DCA.

It is emphasised that there is no overall additional cost to the States, since the payment of a licence fee merely involves the transfer of existing resources from one Department to another.

Determination of the fee

The aerodrome licence was first issued in 2009 at a cost of £198,000. After discussing the fee with the Aerodrome Director and the Finance Director, the DCA has proposed that the 2010 budget for the Office of the DCA should be set at £150,000 (representing a 24% reduction on the 2009 budget figure).

It should be noted that a significant element of the budget is a provision to pay for the

support services provided to the DCA by the UK Civil Aviation Authority (International). This figure varies from year to year depending on the number of audits and amount of support required. In 2010 there is a large provision in support of the approval process for the new Air Traffic Control Centre, due to be commissioned in May 2010. Future years shall see a reduced figure for this element.

Prior to the Chief Minister’s determination of the fee, he is required to seek and to receive the advice of the Minister for Treasury and Resources and the Minister for Economic Development. Such consultation has taken place with the respective Ministers and they are content with the proposed fee for 2010 of £150,000.

Conclusion

The Chief Minister is recommended to determine a licence fee for Jersey Airport in 2010 of £150,000.