Civil Aviation (Investigation of Air Accidents and Incidents) (Guernsey) Order 1998

JurisdictionUK Non-devolved
CitationSI 1998/1503

1998 No. 1503

CIVIL AVIATION

The Civil Aviation (Investigation of Air Accidents and Incidents) (Guernsey) Order 1998

Made 24th June 1998

Coming into force 24th August 1998

At the Court at Buckingham Palace, the 24th day of June 1998

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by sections 75 and 102 of, and paragraph 4 of Part III of Schedule 13 to, the Civil Aviation Act 19821, as that Act has effect in the Bailiwick of Guernsey by virtue of the Civil Aviation Act 1982 (Guernsey) Order 19922, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—

S-1 This Order may be cited as the Civil Aviation (Investigation of...

1. This Order may be cited as the Civil Aviation (Investigation of Air Accidents and Incidents) (Guernsey) Order 1998 and shall come into force on 24th August 1998.

S-2 The provisions of the Civil Aviation (Investigation of Air...

2. The provisions of the Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 19963shall, subject to the modifications specified in the Schedule to this Order, have effect in the Bailiwick of Guernsey and shall form part of the law of the Bailiwick of Guernsey.

S-3 Subject to paragraphs (3) and (4) below, the Civil Aviation...

3.—(1) Subject to paragraphs (3) and (4) below, the Civil Aviation (Investigation of Accidents) (Guernsey) Order 19724(hereinafter referred to as “the 1972 Order”) is hereby revoked.

(2) Subject to paragraph (4) below, any investigation commenced under the 1972 Order which has not, prior to the coming into force of this Order, been the subject of a report submitted to the Bailiff, shall continue as if it had been commenced under this Order.

(3) The 1972 Order shall continue to apply in relation to an investigation which has, prior to the coming into force of this Order, been the subject of a report submitted to the Bailiff.

(4) The 1972 Order shall continue to apply in relation to an investigation which has, prior to the coming into force of this Order, been the subject of a direction by the Royal Court under article 17(1) of the 1972 Order (public inquiries).

N. H. Nicholls

Clerk of the Privy Council

SCHEDULE

Article 2

MODIFICATIONS TO THE CIVIL AVIATION (INVESTIGATION OF AIR ACCIDENTS AND INCIDENTS) REGULATIONS 1996 AS THEY HAVE EFFECT IN GUERNSEY

SCH-1.1

1. In regulation 1, omit “and shall come into force on 21st November 1996”.

SCH-1.2

2. In regulation 2—

(1) In paragraph (1)—

(a)

(a) in the definition of “aerodrome authority”, for “, the person by whom the aerodrome is managed” substitute “in the Bailiwick, the Board”;

(b)

(b) after the definition of “the Annex” insert—

““the Bailiff” means the Bailiff of Guernsey;

“the Bailiwick” means the Bailiwick of Guernsey and the territorial waters adjacent thereto;

“the Board” means the States of Guernsey Board of Administration;”;

(c)

(c) in the definitions of “Chief Inspector” and “Inspector”, after “regulation 8 below” insert “as it has effect in the United Kingdom”;

(d)

(d) after the definition of “fatal injury” insert—

““Her Majesty’s Procureur” includes Her Majesty’s Comptroller;”;

(e)

(e) after the definition of “Investigating Inspector” insert—

““officer of customs and excise” means an officer within the meaning of the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law, 1972, as amended;”;

(f)

(f) for the definition of “police officer” substitute—

““police officer” means—

(a) in relation to Guernsey, Herm and Jethou, a member of the salaried police force of the Island of Guernsey, and, within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;

(b) in relation to Alderney, a member of the above police force, a member of any police force which may be established by the States of Alderney and, within the limits of his jurisdiction, a special constable appointed by the Court of Alderney under section 15 of the Government of Alderney Law, 1987, as amended6; and

(c) in relation to Sark, a member of the salaried police force of the Island of Guernsey, the Constable and the Vingtenier;”.

(2) In paragraph (2)(b), for “United Kingdom” substitute “Bailiwick”.

SCH-1.3

3. In regulation 3, after “incidents” insert “occurring in or over the Bailiwick”.

SCH-1.4

4. In regulation 5—

(1) In paragraph (1)—

(a)

(a) after “adjacent to an aerodrome” insert “in the Bailiwick”;

(b)

(b) after “Chief Inspector”, where those words appear for the second time, insert “and to the Bailiff”; and

(c)

(c) omit the words “, in the case of an accident occurring in or over the United Kingdom,” and “for the area where the accident occurred”.

(2) For paragraph (2) substitute—

SCH-1.2

“2 In this regulation the expression “relevant person” means the commander of the aircraft involved at the time of the accident or serious incident or, in the event that he is killed or incapacitated, the operator of the aircraft.”.

(3) In paragraph (3), after “to the Chief Inspector” insert “and to the Bailiff”.

(4) In paragraph (4)—

(a)

(a) for paragraphs (a) and (b) substitute “in or over the Bailiwick,”;

(b)

(b) after “by...

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