Aviation Security (Jersey) Direction 2012

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 12 October 2012:

Decision Reference: MD-C-2012-0099
Decision Summary Title :	Aviation Security (Jersey) Direction 2012		Date of Decision Summary:	12 October 2012
Decision Summary Author:	International Relations		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Aviation Security (Jersey) Direction 2012		Date of Written Report:	12 October 2012
Written Report Author:	Director of Civil Aviation / Aviation Security Regulator		Written Report : Public or Exempt?	Public (Annexes to the Direction are confidential (exemption 3.2(a)(vi)))
Subject: Aviation Security (Jersey) Direction 2012
Decision(s): The Chief Minister decided to make the Aviation Security (Jersey) Direction 2012.
Reason(s) for Decision: The Aviation Security (Jersey) Direction 2012 updates the measures to be taken to ensure aviation security so that that the measures are equivalent to those applied to the UK and in Europe. The effective regulation of aviation security is important to assure the safety of air passengers and staff, to satisfy the safety requirements of air operators and to maintain recognition of equivalent safety standards in Jersey by authorities in the United Kingdom and Europe.
Resource Implications: There are no direct resource implications from the introduction of this Direction, since the costs of aviation security are already being met by Jersey airport and other regulated operators.
Action required: The Aviation Security (Jersey) Direction 2012 shall be notified to all relevant persons.
Signature:		Position: Senator I.J Gorst, Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):

Aviation Security (Jersey) Direction 2012

The Aviation Security (Jersey) Direction, 2012

Made

, 2012

THE CHIEF MINISTER, as successor to the Harbours and Airport Committee pursuant to Article 3 of the States of Jersey (Transfer of Functions No. 5) (Economic Development to Chief Minister) (Jersey) Regulations 2012 in exercise of the powers conferred on his office by sections 12(1), 13(1), 13A(1), 14(1A), 17(1), 24A and 38(6) of the Aviation Security Act 1982 as extended to Jersey by the Aviation Security (Jersey) Order 1993, and all other powers enabling him in that behalf, hereby makes the following Direction:-

Implementation of measures for aviation security.

1. (1) Annexes A, B, C, D and E to this Direction shall have effect, and no person to whom this Direction applies, in accordance with paragraph 2, shall contravene or fail to comply with them or anything done under them.

(2) If the provisions of more than one Annex apply to any matter and the provisions conflict, the applicable provisions are those of the Annex with the highest priority, to be determined in accordance with subparagraph (3) below.

(3) The Annexes are listed in descending order of priority, with the highest priority listed first, and the lowest last -

(a) Annex D, Channel Islands Restricted More Stringent Measures,

(b) Annex C, Channel Islands Restricted Detailed Measures Supplemental to Annex A,

(d) Annex A, Channel Islands Common Basic Standards,

(e) Annex E, Channel Islands Specific Measures.

Application.

2. This Direction applies to:

(a) the operator of any aerodrome in Jersey licensed under Article 13 of the Civil Aviation (Jersey) Law 2008

(b) all operators of aircraft providing services at such aerodromes and

(c) all persons with access to a restricted zone of such aerodromes for the purposes of the activities of a business carried on by him.

Confidentiality of Annexes C and D.

3. (1) Annexes C and D are confidential and restricted and shall not be disclosed by the Regulator to any person unless –

(a) this Direction applies to them,

(b) it is necessary for them to have sight of those Annexes in order properly to carry out their functions, or

(2) Any person to whom Annexes C and D are disclosed shall keep the contents thereof confidential and shall not release them to any other person without the express consent in writing of the Regulator or by order of the Royal Court.

(3) The Regulator shall, when disclosing any information to any person (whether pursuant to the provisions of this section or otherwise) -

(a) impose such conditions in relation to the use, disclosure, safekeeping and return of that information by that person or by any other person who may obtain the information from him;

(b) require any such person to enter into such undertakings in relation to such use, disclosure, safekeeping and return; and

as the Regulator thinks fit.

Authorised persons.

4. For the purposes of Part II of the Act –

(a) the Regulator, and

(b) anyone to whom he delegates such power for such period as may be specified in writing

is an authorised person as defined in section 24A.

Revocations.

5. All previous directions made under the Act are herewith revoked.

Interpretation.

6. (1) In this Direction, unless the context otherwise requires –

"Act" means the Aviation Security Act 1982 as extended to Jersey by the Aviation Security (Jersey) Order 1993,

"the Regulator" means the Director of Civil Aviation (or anyone to whom he assigns his functions under this Direction) whose office was established under Article 2 of the Civil Aviation (Jersey) Law 2008,

"Royal Court" means the Royal Court of Jersey.

(2) Words used in this Direction have the same meaning as given to them in the Act.

(3) The Interpretation (Jersey) Law 1954 applies to the interpretation of this Direction.

(4) Any reference in this Direction to an enactment is a reference thereto as from time to time amended, re-enacted (with or without modification), extended or applied.

Citation and commencement.

7. This Direction may be cited as the Aviation Security (Jersey) Direction, 2012 and shall come into force 28 days after the date on which it was made.

Dated this day of , 2012

Senator I. J. Gorst

Chief Minister

EXPLANATORY NOTE

(This note is not part of the Direction)

This Direction updates the measures to be taken to ensure aviation security to ensure that the measures are equivalent to those applied to the UK and in Europe.