Aviation Accidents and Investigations: Law drafting instructions

Information about the publication of Ministerial Decisions

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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
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A decision made on 29 January 2021

MINISTERIAL DECISION REFERENCE: MD-ER-2021-0003
DECISION SUMMARY TITLE: Aviation Accidents and Investigations: Law Drafting Request
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: (if different from Decision Summary Author)	N/A	IS THE REPORT PUBLIC OR EXEMPT		N/A
DECISION AND REASON FOR THE DECISION: The Minister for External Relations authorised the officers in the Office of the Chief Executive to liaise with the Legislative Drafting Office to request the drafting of new legislation. Currently, Jersey implements its international obligations in respect of the investigation of aviation accidents and investigations under the Civil Aviation (Investigation of Air Accidents and Incidents) (Jersey) Order 2000 (the “2000 Order”), which was last updated in 2014. The Island’s legislation in this area now needs to be updated to reflect international standards set out in the current version of Annex 13 of the Convention on International Civil Aviation (the “Chicago Convention”) relating to Aircraft Accident and Incident Investigation. Rather than updating the Island’s legislation by amendment to the 2000 Order by Order in Council, it would be sensible to take this opportunity to bring forward new primary legislation. A short enabling law is proposed, which would create regulation making powers to enable Regulations to be made implementing the Island’s international obligations in respect of the Chicago Convention. Draft Regulations that would be made under the draft Law to implement Annex 13 of the Chicago Convention are also required. As the international standards in the area of civil aviation inevitably develop in the future, having in place the proposed Law would also enable Jersey to more quickly and easily keep pace with any changes.
RESOURCE IMPLICATIONS: There are no resource implications arising from this decision.
ACTION REQUIRED: External Relations to instruct the Legislative Drafting Office to prepare the necessary legislation.
			POSITION: Minister for External Relations

DATE SIGNED:			EFFECTIVE DATE OF THE DECISION