Airport Dues (Jersey) Law 1956

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Published: 2009-01-01

Airport Dues (Jersey) Law 1956

Revised Edition

03.315

Showing the law as at 1 January 2009

This is a revised edition of the law

Airport Dues (Jersey) Law 1956

Arrangement

Article

1            Definitions

2            Dues payable for the use of, and services provided at, airports

3            Tariff of dues

4            Information and declaration for purpose of levying dues, and production of documents

5            Exemptions and reductions

6            Payment of dues

7            Application of dues

8            Offences

9            Citation

Supporting Documents

Endnotes

Table of Legislation History

Table of Renumbered Provisions

Table of Endnote References



Airport Dues (Jersey) Law 1956[1]

A LAW to make provision for the taking of airport dues

Commencement [see endnotes]

1      Definitions

In this Law, unless the context otherwise requires –

“airport” means an aerodrome (as defined in Article 1(1) of the Civil Aviation (Jersey) Law 2008[2]) that is maintained by the States of Jersey and is operated by the Airport Director under an aerodrome licence (as defined in Article 1(1) of that Law);

“Airport Director” includes any person authorized by the Minister to collect the dues payable under this Law;

“Contracting State” means any State which is for the time being a party to the Convention on International Civil Aviation signed on behalf of the Government of the United Kingdom at Chicago on the 7th day of December 1944;

“military aircraft” means naval, military, and air force aircraft; and every aircraft commanded by a person in naval, military or air force service in the course of the person’s duty shall be deemed to be a military aircraft;

“Minister” means the Minister for Economic Development.[3]

2      Dues payable for the use of, and services provided at, airports

Subject to the provisions of this Law, every person in charge of an aircraft which uses an airport or for which any services are provided at an airport shall pay the appropriate due or dues for the time being prescribed under Article 3.

3      Tariff of dues

(1)    Subject to the provisions of paragraph (2), the Minister shall, by order, prescribe the tariff of dues payable for the use of an airport and for services provided at an airport, and such dues shall be prescribed by reference to such considerations as the Minister thinks fit, and different dues may be prescribed, and exemption from the payment of dues may be granted, in respect of different classes or descriptions of aircraft or in respect of the same class or description of aircraft or in respect of the same class or description of aircraft in different circumstances; and may include provision for the Airport Director to exercise in relation to such dues as the Minister may specify and in such cases or circumstances as the Minister thinks fit a discretion to waive or reduce the payment of dues otherwise payable.[4]

(2)    The Subordinate Legislation (Jersey) Law 1960,[5] shall apply to Orders made under this Article.[6]

4      Information and declaration for purpose of levying dues, and production of documents

Every person in charge of an aircraft which uses an airport or any services provided at an airport shall, on being so required by the Airport Director –

(a)     furnish the Airport Director with such documents and other information, and make such declaration, as may be necessary to enable the Airport Director to assess the appropriate amount of dues (if any) payable under this Law; and

(b)     produce any or all of the documents required to be carried in the aircraft in order that any information so furnished and any declaration so made may be verified,

and, if the person fails to do so, the person shall be liable to a fine not exceeding level 3 on the standard scale.[7]

5      Exemptions and reductions [8]

(1)    There shall be exempt from the payment of dues under this Law –

(a)     British military aircraft;

(b)     aircraft belonging to or employed in the service of the States; and

(c)     military aircraft belonging to or employed in the service of a Contracting State.

(2)    Where dues are payable under this Law, the Minister may, in the case of any particular aircraft, where the Minister is of opinion that he or she should properly do so –

(a)     exempt the aircraft from the payment of a due or dues; or

(b)     reduce the amount of a due or dues.[9]

(3)    The Airport Director may exempt from the payment of dues under this Law –

(a)     aircraft, not bound for Jersey, compelled to land by reason of accident, stress of weather or other unavoidable cause; and

(b)     aircraft, having departed from Jersey, compelled to return by reason of accident, stress of weather or other unavoidable cause.[10]

6      Payment of dues

(1)    Subject as hereinafter provided, all dues under this Law shall be payable on the first demand therefor made by the Airport Director, and in any case before the departure of the aircraft from Jersey.[11]

(2)    If the person in charge of an aircraft fails to pay the dues payable in respect thereof at the time specified in paragraph (1), the owner and the operator of the aircraft shall be liable, jointly and severally, for the payment of the said dues as well as of all expenses incurred in connection with the recovery thereof.

(3)    The Minister may make such arrangements as the Minister thinks fit with the owner or operator of any aircraft for the payment of dues payable under this Law in respect of any aircraft owned or operated by that person and, in such case, the dues shall be payable in accordance with the terms of that arrangement and the foregoing provisions of this Article shall not apply.

7      Application of dues[12]

8      Offences

A person who –

(a)     for any of the purposes of this Law knowingly makes any false declaration, or knowingly furnishes any document or other information, or makes any statement, which is false in a material particular; or

(b)     obstructs or impedes, or fails to render reasonable assistance to, any person in the execution of that person’s duties under this Law,

shall be liable to a fine not exceeding level 4 on the standard scale or to imprisonment for a term not exceeding 6 months or to both such fine and imprisonment.[13]

9      Citation

This Law may be cited as the Airport Dues (Jersey) Law 1956.



Endnotes

Table of Legislation History



Legislation



Year and No



Commencement



Airport Dues (Jersey) Law 1956



L.11/1956



25 September 1956



Airport Dues (Amendment) (Jersey) Law 1976



L.22/1976



12 November 1976



Airport Dues (Amendment No. 2) (Jersey) Law 1993



L.8/1993



7 May 1993



Airport Dues (Amendment No. 3) (Jersey) Law 1996



L.17/1996



24 May 1996



Airport Dues (Amendment No. 4) (Jersey) Law 2001



L.23/2001



24 August 2001



States of Jersey (Amendments and Construction Provisions No. 10) (Jersey) Regulations 2005



R&O.50/2005



9 December 2005



Public Finances (Consequential Amendments) (Jersey) Regulations 2005



R&O.126/2005



9 December 2005



Civil Aviation (Jersey) Law 2008



L.35/2008



1 January 2009
(R&O.35/2008)



Table of Renumbered Provisions



Original



Current



3(3)



repealed by L.8/1993



9



spent, omitted from this revised edition



10



9



Table of Endnote References



[1]



This Law has been amended by the States of Jersey (Amendments and Construction Provisions No. 10) (Jersey) Regulations 2005. The amendments replace all references to a Committee of the States of Jersey with a reference to a Minister of the States of Jersey, and remove and add defined terms appropriately, consequentially upon the move from a committee system of government to a ministerial system of government



[2]



chapter 03.530



[3] Article 1



amended by L.8/1993, L.35/2008



[4] Article 3(1)



amended by L.17/1996 correction accompanying 1 January 2009 update: reinstate words omitted in Article 3(1)



[5]



chapter 15.720



[6] Article 3(2)



substituted by L.22/1976



[7] Article 4



amended by L.8/1993, L.23/2001



[8] Article 5 heading



amended by L.8/1993



[9] Article 5(2)



substituted by L.8/1993



[10] Article 5(3)



amended by L.8/1993



[11] Article 6(1)



amended by L.8/1993



[12] Article 7



repealed by R&O.126/2005



[13] Article 8



amended by L.22/1976, L.8/1993, L.23/2001
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