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Delegated responsibility for regulating sea search and rescue assets (FOI)

Delegated responsibility for regulating sea search and rescue assets (FOI)

Produced by the Freedom of Information office
Authored by Government of Jersey and published on 09 June 2022.
Prepared internally, no external costs.

Request

Please confirm who has delegated responsibility (from the Minister for Economic Development, Tourism, Sport and Culture) for regulating search and rescue (at sea) assets in Jersey?

Response

This information is publicly available on www.gov.je and responsibilities are referred to in legislation publicly available on www.jerseylaw.je. Please see the latest Ministerial Decision in relation to the delegation of functions:  

Delegation of Functions: Minister for Economic Development, Tourism, Sport and Culture: Shipping Delegations (gov.je) 

  • Ports of Jersey Limited is the Harbour Authority appointed by the Minister for Economic Development, Tourism, Sport and Culture under Article 2(2) of the Harbours (Administration) (Jersey) Law 1961 responsible under Article 2(4)(b) of that Law for policing, safety and security matters in the harbours and such other matters as the Minister may entrust to it from time to time for the purpose of carrying into effect any legislation in force in Jersey relating to shipping and sea navigation and particularly responsible (under Article 2(5)(b) of the Harbours (Administration) (Jersey) Law 1961) for co-ordinating, or providing resources for co-ordinating, maritime search and rescue within territorial waters. 

Harbours (Administration) (Jersey) Law 1961 (jerseylaw.je) 

  • Ports of Jersey also has the public service obligation imposed by Article 6(1)(a) of the Air and Sea Ports (Incorporation) (Jersey) Law 2015 for co-ordinating, or providing resources for co-ordinating, maritime search and rescue within the Jersey Search and Rescue Region.  

Air and Sea Ports (Incorporation) (Jersey) Law 2015 (jerseylaw.je) 

  • This statutory responsibility and obligation has necessitated drawing up and adapting frameworks and policies and procedures to ensure the safety of life at sea in Jersey's territorial waters in line with those developed by the Maritime & Coast Guard Agency of the United Kingdom (MCA), the body which is charged with carrying out audits as proxy on behalf of the International Maritime Organization (IMO) of Jersey's adherence to its international obligations as a coastal state, port state and flag state under the IMO's Instruments Implementation Code (III Code), including the International Convention for the Safety of Life at Sea, 1974 (SOLAS) and the International Aeronautical and Maritime Search and Rescue Manual (IAMSAR).  

International Convention for the Safety of Life at Sea (SOLAS), 1974 (imo.org) 

IAMSAR Manual (imo.org) 

  • The Harbour Authority with the Harbour Master and Jersey Coastguard have responsibility to implement and adapt for the purposes of the Jersey search and rescue region the MCA's Rescue Boat Code and its associated Declared Facility framework. The co-ordination of search and rescue and of resources requires that a regulatory approach be taken by the Harbour Authority to assess the adherence of particular search and rescue assets with all the requirements of the Rescue Boat Code including the relevant standards or criteria established for such an asset being "designated for civilian maritime search and rescue". 

The rescue boat code - GOV.UK (www.gov.uk) 

Article applied

Article 23 - Information accessible to applicant by other means

(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.

(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.


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