Civil Aviation Legislation: Transfer of Functions to External Relations from Economic Development (P.54/2014)

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A decision made 11 April 2014:

Decision Reference: MD-C-2014-0074
Decision Summary Title :	Transfer of functions - Civil Aviation Act 1982 and Air Accidents from EDD to External Relations		Date of Decision Summary:	11th April 2014
Decision Summary Author:	External Relations		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 :	States of Jersey (Transfer of Functions no.7) (Economic Development to External Relations) (Jersey) Regulations 2014		Date of Written Report:	11th April 2014
Written Report Author:	External Relations		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Transfer of functions from Economic Development to External Relations – Civil Aviation Act 1982 (Jersey) Order 1990; and Civil Aviation (Investigation of Air Accidents and Incidents) (Jersey) Order 2008.
Decision(s): The Deputy Chief Minister approved a report dated 27 March 2014, as attached, and decided to lodge au Greffe the States of Jersey (Transfer of Functions No.7) (Economic Development to External Relations) (Jersey) Regulations 2014.
Reason(s) for Decision: On 10th September 2013, the States adopted P.67/2013 which was the proposition to establish the office of Minister for External Relations. At that time a number of functions of the Chief Minister were transferred to the new office, including matters relating to civil aviation safety and security. In accordance with the principles of that transfer of functions, it is considered certain further regulatory responsibilities for civil aviation matters should be transferred from the Minister for Economic Development to the Minister for External Relations. The proposed transfers concerned are responsibilities under: The Civil Aviation Act 1982 (Jersey) Order 1990: which includes, amongst other matters, provisions in connection with - the safety of air navigation implementation of the Chicago Convention on International Civil Aviation restrictions on unlicensed carriage by air for reward enforcement of air navigation route charges investigation of air accidents regulation of nuisance, noise and vibration caused by aircraft. The Civil Aviation (Investigation of Air Accidents and Incidents) (Jersey) Order 2008; which includes provisions in connection with – the investigation and prevention of air accidents or incidents reporting on investigations implementation of recommendations for safety improvements. The above matters should fall within the political authority of the Minister for External Relations to the extent that they fall within the accountability of the Director of Civil Aviation and with regard to his responsibilities for the regulation of civil aviation and air traffic control, investigation of air accidents and implementation of the International Civil Aviation Convention (Chicago, 1944). The draft States of Jersey (Transfer of Functions No.7) (Economic Development to External Relations) (Jersey) Regulations 2014 make provisions for the transfer of the above functions and for the construction of both Orders in Council so as to assign responsibilities to the Minister for External Relations. The Minister for Economic Development is content that these functions shall be transferred to the Minister for External Relations. In accordance with Article 29 (4) of the States of Jersey Law 2005, only the Chief Minister may lodge draft Regulations to transfer any of the functions exercisable by one Minister to another Minister.
Resource Implications: There are no manpower or revenue implications arising from the transfer of functions from the Minister for Economic Development to the Minister for External Relations.
Action required: Chief Minister’s Department shall: Forward the signed Decision to the Greffe; Forward the draft States of Jersey (Transfer of Functions no.7) (Economic Development to External Relations) (Jersey) Regulations 201- and report to the Greffe to be lodged.
Signature:		Position: Deputy Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):