Civil Aviation (Investigation of Accidents) (Guernsey) Order 1972
| Jurisdiction | UK Non-devolved |
| Citation | SI 1972/962 |
| Year | 1972 |
1972 No. 962
CIVIL AVIATION
The Civil Aviation (Investigation of Accidents) (Guernsey) Order 197228thJune 1972
4thJuly 1972
1stAugust 1972
At the Court at Buckingham Palace, the 28th day of June 1972
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred on Her by section 10 of the Civil Aviation Act 1949(a) as extended to the Channel Islands by the Civil Aviation Act (Channel Islands) Order 1953(b) (as amended (c)) and amended by section 23(4) of the Civil Aviation Act 1968(d) is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation and date of operation
1. This Order may be cited as the Civil Aviation (Investigation of Accidents) (Guernsey) Order 1972 and shall come into operation on 1st August 1972.
Revocation
2. The Order in Council dated 25th February 1926(e), (which sets out in Part II of the Schedule the Air Navigation (Investigation of Accidents) (Guernsey) Regulations 1926) is hereby revoked in so far as it applies to Guernsey:
Provided that, without prejudice to Article 3(1) of this Order, the revocation of the said Order in Council shall not affect any investigation commenced under those Regulations and any such investigation may be continued as if this Order had not been made.
Interpretation and application
3. —(1) The Interpretation Act 1889(f) shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament and as if this Order and the Order hereby revoked, insofar as it applies to Guernsey, were Acts of Parliament.
(2) In this Order, unless the context otherwise requires—
"accident" includes any fortuitous or unexpected event by which the safety of an aircraft or any person is threatened;
(a) 1949 c. 67.
(b) S.I. 1953/393 (1953 I, p. 270).
(c) The amending instrument is not relevant to the subject matter of this Order.
(d) 1968 c. 61.
(e) See S.R. & O. 1926 p. 1405 (Rev. I, p. 1320).
(f) 1889 c. 63.
"the Bailiff" means the Bailiff of Guernsey;
"Inspector" means a person appointed as an Inspector of Accidents under this Order;
"the Chief Officer" means the Chief Officer of the Island Police Force;
"commander" in relation to an aircraft means the member of the crew designated as commander of that aircraft by the operator thereof, or failing such a person, the person who is for the time being the pilot in command of the aircraft;
"customs officer" means—
(a) in relation to Guernsey, Herm and Jethou, a States of Guernsey Revenue Officer;
(b) in relation to Alderney, a States of Guernsey Revenue Officer or a States of Alderney Revenue Officer;
(c) in relation to Sark, the Receiver of the Impot;
"the Full Court" means the Royal Court sitting as a Full Court;
"Guernsey" means the Bailiwick of Guernsey and the territorial waters adjacent thereto;
"Her Majesty's Procureur" includes Her Majesty's Comptroller;
"operator" in relation to an aircraft means the person for the time being having the management of that aircraft;
"owner" means, where an aircraft is registered, the registered owner;
"pilot in command" in relation to an aircraft means a person who for the time being is in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft;
"police officer" means—
(a) in relation to Guernsey, Herm and Jethou, a member of the Island Police Force and within the limit of his jurisdiction, a member of the special constabulary of the said Island;
(b) in relation to Alderney, a member of the said Police Force and a member of any police force which may be established by the States of Alderney;
(c) in relation to Sark, the Constable, the Vingtenier, and a member of the said Police Force;
"the President" means the President of the States Board of Administration;
"the Royal Court" means the Royal Court sitting in private;
"the Secretary of State" means the Secretary of State for Trade and Industry;
and
"substantial damage" includes any damage or structural failure which adversely affects the structural strength, performance or flight characteristics of the aircraft and which would normally require the major repair or replacement of the affected component.
(3) For the purposes of this Order, and of section 26 of the Interpretation Act 1889 in its application thereto, any notice, summons or other document may be served—
(a) if directed to a person, by delivering it to him or by leaving it for him with some person at his last known or usual residence or by sending it by post in a registered letter or by recorded delivery addressed to him at such residence;
(b) if directed to a firm, by delivering it to any partner thereof or by leaving it for the firm with some person at the principal place of business of the firm or by sending it by post in a registered letter or by recorded delivery addressed to the firm at its principal or last known principal place of business;
(c) if directed to a corporation, by delivering it at or by sending it by post in a letter addressed to the corporation at its registered office if that office is in Guernsey, or, if there is no registered office in Guernsey, at any place in Guernsey where the corporation trades or conducts its business.
(4) The service of any notice, summons or other document may be proved by the oath or affidavit of the person by whom it was served.
4. This Order relates only to civil aviation and shall apply to accidents arising out of or in the course of air navigation which occur to civil aircraft in or over Guernsey.
Purpose of accident investigation
5. The main purpose of investigating accidents under this Order shall be to determine the circumstances and causes of the accident with a view to avoiding accidents in the future, rather than to ascribe blame to any person.
Duty to furnish information relating to accidents
6. An accident shall be notified in accordance with the provisions of Article 7 if, between the time when any person boards an aircraft with the intention of flight and such time as all persons have disembarked therefrom—
(a) any person suffers death or serious injury while in or upon the aircraft or by direct contact with the aircraft or anything attached thereto; or
(b) the aircraft receives substantial damage.
7.—(1) Where an accident occurs of which notification is required to be given under Article 6, the commander of the aircraft involved at the time of the accident, or if he be killed or incapacitated, then the operator of the aircraft shall forthwith give notice thereof to the Bailiff by the quickest means of communication available and shall also notify forthwith, in the case of Guernsey, Herm and Jethou the Chief Officer, and in the case of Alderney and Sark, a police officer, of the accident and of the place where it occurred.
(2) The notice to the Bailiff referred to in paragraph (1) of this Article shall commence with the identifying abbreviation ACCID, and shall state as far as possible—
(a) the type, model and the nationality and registration marks of the aircraft;
(b) the name of the owner, operator and hirer, if any, of the aircraft;
(c) the name of the commander of the aircraft;
(d) the date and Greenwich mean time of the accident;
(e) the last point of departure and the next point of intended landing of the aircraft;
(f) the position of the aircraft with reference to some easily defined geographical point;
(g) (i) the number of persons on board the aircraft at the time of the accident,
(ii) the number of those persons killed as a result of the accident,
(iii) the number of those persons seriously injured as a result of the accident,
(iv) the number of persons killed or seriously injured elsewhere than on the aircraft;
(h) the nature of the accident and brief particulars of damage to the aircraft as far as it is known.
(3) Where an accident to which this Order applies occurs, the owner, operator, commander or hirer of the aircraft shall, if so required by notice in writing from the Bailiff, send to the Bailiff, within such time as may be specified in the notice, such information as is in his possession or control with respect to the accident in such form as the Bailiff may require.
...
To continue reading
Request your trial