Skip to main content Skip to accessibility
This website is not compatible with your web browser. You should install a newer browser. If you live in Jersey and need help upgrading call the States of Jersey web team on 440099.
Government of Jerseygov.je

Information and public services for the Island of Jersey

L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Aircraft Registration (Jersey) Law 2014: Amendment: Law drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 11 December 2015:

Decision Reference: MD-E-2015-0106

Decision Summary Title :

Law Drafting Instruction for the amendment to the Aircraft Registration (Jersey) Law 2014

Date of Decision Summary:

8 December 2015

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 :

N/a

Date of Written Report:

8 December 2015

Written Report Author:

Strategic Policy Manager

Written Report :

Public or Exempt?

Public

Subject:

Formal instructions to the Law Draftsman to commence law drafting amendments to the Aircraft Registration (Jersey) Law 2014 (the “Aircraft Registration Law”) with regard to:

 

Article 19 Restriction on registrations of aircraft and use of registered aircraft - amended to enable the Registrar to more easily remove a Qualified Person from the Jersey Aircraft Registry (JAR) when in breach of Article 19.

Decision(s):

The Minister formally requests the Law Draftsman to draft the requisite amendments to the Aircraft Registration (Jersey) Law 2014.

Reason(s) for Decision:

In early 2015, MONEYVAL, the monitoring body of the Council of Europe, undertook a review and produced a report which examined  the Island’s governance structure that regulates the finance industry with regard to Anti-Money Laundering (“AML”) and Combating the Financing of Terrorism (“CFT”).  In order to maintain Jersey’s commitment to relevant international standards, a steering group, the Jersey Financial Crime Steering Group (JFCSG), composed of: regulators, legal representatives and senior officers from the Chief Minister’s Department.  The JFCSG examined the Jersey Aircraft Registry legislation package, with particular emphasis on the working of the Aircraft Registration Law. Of particular interest was whether “Qualified Persons” as set out under the Aircraft Jersey Law should be further refined by virtue of a policy direction to only accept registrations if they were applied for through the mechanism of a Jersey structure. One of the advantages of these criteria was that they would not only offer more certainty in terms of due diligence but that de-registration of an aircraft would be similarly a more straight-forward process. Something that cannot be easily performed for Qualified Persons outside of the Island, as the legislation stands at present.

 

In summary, in order to maximise the potential of the JAR and ensure that Jersey continues to demonstrate its commitment to relevant international standards, it is necessary to amend the Aircraft Law in order that the restrictions laid down in the Articles conform to the most recent policy objectives affecting the JAR and ensure that once a Qualified Person has successfully applied, that Qualified Person may also be successfully removed where circumstances require.

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 amendments to the Aircraft Registration Law
  • The Minister to sign and date the Ministerial Decision and for it to be returned to the States Greffe.

Signature: Senator L J Farnham

 

 

Position:

Minister for Economic Development

Date Signed:

 

Date of Decision (If different from Date Signed):

 

Back to top
rating button