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L'înformâtion et les sèrvices publyis pouor I'Île dé Jèrri

Air Navigation (International Air Display) (Jersey) Order 2014

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 2 September 2014:

Decision Reference:  MD-ER-2014-0023 

Decision Summary Title :

Air Navigation (International Air Display) (Jersey) Order 2014

Date of Decision Summary:

26 August 2014

Decision Summary Author:

 

External Relations

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Air Navigation (International Air Display) (Jersey) Order 2014

Date of Written Report:

27 August 2014

Written Report Author:

Law Draftsman

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:  Air Navigation (International Air Display) (Jersey) Order 2014

Decision(s): The Minister for External Relations, in pursuance of Article 96 of the Air Navigation (Jersey) Order 2008, made the Air Navigation (International Air Display) (Jersey) Order 2014.

Reason(s) for Decision:

It is considered necessary for the purposes of aviation safety and in the public interest to temporarily restrict access by certain aircraft to the area of the Jersey International Air Display (‘JIAD’) on 10-11 September 2014, including all small unmanned aircraft (‘SUA’) but with the exception of scheduled air traffic and any aircraft with the permission of the Senior Air Traffic Controller at Jersey airport.

A particular concern is that, whilst SUA are already restricted in certain areas including the aerodrome traffic zone, this restriction does not include the JIAD area.  A temporary restriction is therefore necessary for the times of practice and during the display. 

Article 96 of the Air Navigation (Jersey) Order 2008 permits the Minister by Order to prohibit of restrict flying as follows:

96 Power to prohibit or restrict flying

(1) Where the [Minister] deems it necessary in the public interest to restrict or prohibit flying by reason of –

(a) the intended gathering or movement of a large number of persons;

(b) the intended holding of an aircraft race or contest or of a flying display; or

(c) national defence or any other reason affecting the public interest;

the [Minister] may make [an Order] prohibiting, restricting or imposing conditions on flights by [any aircraft in or over Jersey].

(2) * * * * *

(3) [An Order] made under this article may apply either generally or in relation to any class of aircraft.

Resource Implications:  There are no resource implications arising from this Decision.

 

Action required: External Relations shall –

(1) inform the Assistant Greffier of the States and the States Greffe Publications Editor immediately the Order is made, and request the Greffier of the States to arrange for the making of the Order to be notified to the States;

(2) deliver the signed and sealed order to the Publications Editor.  

 

Signature:

 

Position: 

 

Minister for External Relations

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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