Ports of Jersey Limited: Appointments and Maritime Agreement

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A decision made 25 September 2015:

Decision Reference: MD-E-2015-0083
Decision Summary Title :	Ports of Jersey Appointments and Agreement		Date of Decision Summary:	16 September 2015
Decision Summary Author:	Head of Maritime Administration		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/a
Written Report Title :	Ports of Jersey Appointments and Agreement		Date of Written Report:	16 September 2015
Written Report Author:	Head of Maritime Administration		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Appointments and Maritime Agreement in relation to Ports Incorporation.
Decision(s): The Minister - Appointed Ports of Jersey Limited as the Airport Authority, in accordance with article 2(1) of the Aerodromes (Administration) (Jersey) Law 1952. Approved the appointment of Stephen Driscoll as Airport Director, in accordance with article 2(2) of the Aerodromes (Administration) (Jersey) Law 1952. Appointed Ports of Jersey Limited as the Harbour Authority, in accordance with article 2(2) of the Harbours (Administration) (Jersey) Law 1961. Approved the appointment of Captain Phillip Buckley RN Rtd as Harbour Master, in accordance with article 2(7) of the Harbours (Administration) (Jersey) Law 1961. Signed an agreement as referred to in article 6(2) of the Air and Sea Ports (Incorporation) (Jersey) Law 2015 and as also referred to article 2(6) of the Harbours (Administration) (Jersey) Law 1961. In accordance with article 128A of the Shipping (Jersey) Law 2002 concerning the Receiver of Wreck: (i) appointed the Agent of the Impôts regarding articles 130 to 135 and 140 to 150 of that law, (ii) appointed the Harbour Master regarding articles 136 to 139 and, (iii) appointed both the Agent of the Impôts and the Harbour Master regarding article 151 for the purpose of expenses.
Reason(s) for Decision: These decisions follow the appointment of the first Board of Directors in accordance with States Proposition P.68/2015 and are consequential to the Appointed Day Act P.81/2015. Both of these were agreed by the States at the sitting of 8 September 2015. Concerning the Harbour Master and Airport Director, the Minister has now been notified to expect these appointments and he is therefore recommended to endorse them. Likewise, concerning the appointment of Receivers of Wreck, the relevant parties have been consulted and agreement reached. Further details are given in the attached report and maritime agreement.
Resource Implications: There are no new financial, property, ICT or human resources issues arising.
Action required: The Minister is requested to sign both this Decision and the associated maritime agreement. The Chairman of the Board of Ports of Jersey Limited is requested to sign and return the maritime agreement. The Assistant Minister for Home Affairs having responsibility for matters relating to the Jersey Customs and Immigration Service is requested to acknowledge the appointment of the Agent of the Impôts regarding certain functions of the Receiver of Wreck.
Signature: Senator L J Farnham		Position: Minister for Economic Development
Date Signed:		Date of Decision (If different from Date Signed):

Ports of Jersey Limited: Appointments and Maritime Agreement

Report

Ports of Jersey Ltd - Harbour and Airport Authorities - Associated Appointments and Maritime Agreement

Background

The Air and Sea Ports (Incorporation) (Jersey) Law 2015 is to be brought into force by Appointed Day Act (P.81/2015). Additionally, the appointment of the first Board of Directors has been made in accordance with States Proposition P.68/2015. These were both agreed by the States at the sitting of 8 September 2015.

These trigger certain consequential matters as described below:

Appointment of Ports of Jersey Limited (the Company) as the Airport Authority

Under article 2(1) of the Aerodromes (Administration) (Jersey) Law, 1952, the Minister for Economic Development is required to appoint an airport authority, to have responsibility for every aerodrome in Jersey. The Air and Sea Ports (Incorporation) (Jersey) Law 2015 has been designed to provide the new company with the necessary powers and responsibilities. Accordingly the company is the appropriate body and the Minister is recommended to appoint it to that role.

Appointment of Airport Director

In accordance with article 2(2) of the Aerodromes (Administration) (Jersey) Law, 1952, the airport authority makes this appointment with the Minister’s approval.

The Minister has been notified to expect the Airport Authority to appoint Mr Stephen Driscoll as Airport Director, in accordance with article 2(2) of the Aerodromes (Administration) (Jersey) Law 1952. The Minister is recommended to endorse this appointment.

Appointment of Ports of Jersey Limited (the Company) as the Harbour Authority

In accordance with article 2(2) of the Harbours (Administration) (Jersey) Law, 1961, the Minister for Economic Development is required to appoint the company as the harbour authority for all those harbours listed in the Schedule to that Law. The Schedule has effect for that purpose and for the purpose of describing the limits of those harbours with greater particularity.

Appointment of Harbour Master

In accordance with article 2(7) of the Harbours (Administration) (Jersey) Law, 1961, the harbour authority makes this appointment with the Minister’s approval.

The Minister has been notified to expect the Harbour Authority to appoint Captain Phillip Buckley RN Rtd as Harbour Master, in accordance with article 2(7) of the Harbours (Administration) (Jersey) Law 1961. The Minister is recommended to endorse this appointment.

Maritime Agreement

There are certain maritime-related obligations placed on the Ports of Jersey Limited by article 6(1) of the Air and Sea Ports (Incorporation) (Jersey) Law 2015. There are also certain responsibilities that are placed upon the harbour authority under article 2(4) and 2(5) of the Harbours (Administration) (Jersey) Law, 1961.

In order to have parameters within which the company may fulfil these, it is recommended that there is an Agreement drawn up between the Minister and the Board. Following consultation between the Minister’s and the Board’s respective teams, that Agreement is now ready for signature. The existing Memorandum of Understanding between the Minister and Jersey Harbours would lapse.

Air Regulation / Management of the Channel Islands Control Zone

There is an established arrangement in place between the Airport, the Chief Minister’s Department and the Director of Civil Aviation. The legal authority for any further agreement rests with the Minister for External Relations and is outside the remit of this Decision.

Receiver of Wreck

In accordance with article 128A of the Shipping (Jersey) Law 2002, one or more Receivers of Wreck are required. It makes sense to appoint the Harbour Master for specific search and rescue aspects of this important role, as covered by articles 136 to 139 and 151. These aspects thus would remain with an individual expert, acting in the role as head of the Coastguard. The appointment places duties on the Harbour Master and grants him certain powers specifically for the purpose of the preservation of shipwrecked persons, the vessel and cargo and equipment. It does not affect his position as an employee of the company nor does it affect quite extensive powers and functions of the harbour authority regarding a wreck occurring in or near a harbour.

Following discussion, it is further recommended that the Agent of the Impôts should fulfil the related non-maritime duties. The Shipping Law already attributes certain responsibilities to the Agent, such as the release of goods saved from a wreck from Customs control. Additional complementary duties can from time to time concern the valuation of wreck, the holding of a ship, its cargo or related goods for return to the rightful owners or for sale if unclaimed. These fit well with the existing responsibilities of the Agent as an officer of the States, concerning the management and control of goods entering the Island. The appointment will ensure separation of such non-maritime functions from Ports of Jersey as a company.

Conclusion

Taken together these decisions implement a key part of the proper legal basis on which the company can fulfil its air and maritime functions. It is recommended that the Minister signs the decision.

16 September 2015