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Aerodrome Licence Fee 2015

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 17 December 2014:

Decision Reference: MD-ER-2014-0044

Decision Summary Title :

Aerodrome licence fee 2015

Date of Decision Summary:

9 December 2014

Decision Summary Author:

External Relations

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Aerodrome licence fee 2015

Date of Written Report:

9 December 2014

Written Report Author:

External Relations

Written Report :

Public or Exempt?

 Public

Subject:   Aerodrome licence fee 2015

Decision(s):   

The Minister for External Relations determined –

  • in pursuance of Article 14 of the Civil Aviation (Jersey) Law 2008, after receiving the advice of the Minister for Treasury and Resources and the Minister for Economic Development, the Jersey aerodrome licence fee for 2015 of £139,000. 

Reason(s) for Decision:

The Civil Aviation (Jersey) Law 2008 provides, amongst other matters, that the aerodrome may be licensed and that the Minister for External Relations shall determine and publish the fee payable on the grant or renewal of a licence.

The Law also requires that the Minister for External Relations shall not determine the fee until he has sought and received the advice of the Minister for Treasury and Resources and the Minister for Economic Development.  The respective Ministers have agreed the proposed licence fee for 2015.

The fee has been set to take into account –

  • the cost of maintaining the Directorate of Civil Aviation, shared equally with Guernsey, which has responsibilities for the regulatory oversight of civil aviation safety and aviation security for Jersey airport,
  • the cost of regulatory audits and investigations commissioned by the DCA in respect of Jersey airport from professional agencies including the Civil Aviation Authority.

Resource Implications:

The payment of a fee involves the transfer of revenue from Jersey Airport to the Directorate of Civil Aviation, which is administered through the Ministry of External Relations.   

The expenditure arising for commissioning services from external providers would previously have been borne by the Airport directly rather than by the Director of Civil Aviation.

The proposed fee of £139,000 in 2015 is the same as the previous year’s fee. 

Action required:

The Ministry of External Relations is to –

  • inform the States Greffe of the decision and to request the Ministerial Decision is published in the usual manner and in accordance with the Civil Aviation (Jersey) Law 2008;
  • on behalf of the Director of Civil Aviation, issue an invoice for £139,000 to Jersey Airport to request the agreed licence fee for 2015 is paid to the Ministry of External Relations (CPD 170).  

Signature:

 

 

 

Senator Sir Philip Bailhache

Position: 

 

 

 

Minister for External Relations

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

Aerodrome Licence Fee 2015

 

 

Decision Summary

 

REPORT

Aerodrome licence fee 2015

Background

The Civil Aviation (Jersey) Law 2008 provides that the aerodrome (Jersey Airport) must be licensed in order that aircraft can use it, subject to certain exemptions.

A licence may only be granted by the Director of Civil Aviation providing that certain requirements are met, in particular that the aerodrome fulfils the requirements of the Chicago Convention on international civil aviation, 1944, and related Annexes regarding international standards and recommended practices.

An application for a licence also requires the payment of a licensing fee.  The fee is intended to cover the costs of the Office of the Director of Civil Aviation (DCA), including services commissioned from external agencies, for example the UK Civil Aviation Authority (CAA).  Previously these costs would have substantially been borne directly by the Airport; however, the establishment of an independent regulator for civil aviation involves the transfer of the relevant resources from the Airport to the DCA.  The DCA also provides regulatory oversight of aviation security, in accordance with international and UK standards.  The cost is equally shared with Guernsey.

It is emphasised that there is no overall additional cost to the States, since the payment of a licence fee involves the transfer of existing resources from one Department to another. 

Determination of the 2015 fee

There is always some uncertainty about the nature and extent of services that will be commissioned from the CAA, for example, or additional audits that may arise due to unexpected eventualities.  However, an estimate of costs can be based on known fees, office expenses etc. and the planned programme of safety and security audits. 

Prior to the Minister for External Relations’ determination of the fee, he is required to seek and to receive the advice of the Minister for Treasury and Resources and the Minister for Economic Development.  Such consultation has taken place with the respective Ministers and they are content with the proposed fee for 2015 of £139,000. 

The interval between successive Aerodrome audits is typically 15 months, and the oversight audit of the Air Navigation Service Provider (Jersey Air Traffic Services) is 20 months (maximum 24 months). Consequently the costs arise at different times over a longer period than the States financial year.

Conclusion

The Minister for External Relations is recommended to determine an aerodrome licence fee for Jersey Airport in 2015 of £139,000. 

 

M Entwistle

9 December 2014

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