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Air Navigation (Fees) (Jersey) Order 2015: Law Drafting instructions

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 16 January 2020

MINISTERIAL DECISION REFERENCE:    MD-ER-2020-0001

DECISION SUMMARY TITLE: Amendment to Air Navigation (Fees) (Jersey) Order 2015

DECISION SUMMARY AUTHOR:

Head of International Compliance

IS THE DECISION SUMMARY PUBLIC OR EXEMPT? 

Public

REPORT TITLE:    N/A

REPORT AUTHOR OR NAME OF PERSON GIVING REPORT:

N/A

IS THE REPORT PUBLIC OR EXEMPT?

N/A

DECISION AND REASON FOR THE DECISION:

In March 2019 the Air Navigation (Fees) (Jersey) Order 2015 (“the 2015 Order”) was amended to enable the Director of Civil Aviation (“the DCA”) to charge for Jersey Aerial Permits.

These changes are reflected in columns 10, 11 and 12 of the Schedule to the 2015 Order. Aircraft registered in the Crown Dependencies, the Overseas Territories, or the United Kingdom, are exempt from the charges outlined in column 10.

The DCA has recommended to the Minister for External Relations (“the Minister”) that the fee is increased from £78 to £82 to cover the cost to the Office of the DCA for using an ecommerce application to process the fees. The increase would also bring the fee in line with that charged in comparable jurisdictions, such as Guernsey and the United Kingdom.

To enable the fee to be increased, an amendment to the 2015 Order is required. Therefore, the Minister decided to instruct the Legislative Drafting Office to draft the necessary amendment.

RESOURCE IMPLICATIONS: There are no financial or manpower implications arising from this Ministerial Decision.

ACTION REQUIRED: External Relations to instruct the Legislative Drafting Office to prepare the necessary amendment.

SIGNATURE:

 

SENATOR IAN GORST

POSITION:

 

MINISTER FOR EXTERNAL RELATIONS

DATE SIGNED

EFFECTIVE DATE OF THE DECISION

 

 

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