Airport Dues (Tariff) (Jersey) Order 2003

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Published: 2014-01-01

Airport Dues (Tariff) (Jersey) Order 2003

Revised Edition

03.315.50

Showing the law as at 1 January 2014

This is a revised edition of the law

Airport Dues (Tariff) (Jersey) Order 2003

Arrangement

Article

1            Interpretation

2            Normal arrival and departure dues

3            Light non-commercial aircraft dues

4            Jersey Aero Club aircraft dues

5            Airport out-of-opening hours dues

6            Aircraft parking dues

7            Pier parking stands dues

8            Powers of Airport Director to waive or vary dues

9            Citation

Supporting Documents

Endnotes

Table of Legislation History

Table of Renumbered Provisions

Table of Endnote References



Airport Dues (Tariff) (Jersey) Order 2003

THE HARBOURS AND AIRPORT COMMITTEE, in pursuance of Article 3 of the Airport Dues (Jersey) Law 1956,[1] orders as follows –

Commencement [see endnotes]

1      Interpretation

(1)    In this Order, unless the context otherwise requires –

“airport” means Jersey Airport;

“arrival”, in respect of a aircraft, means an arrival at the airport by the aircraft following a full stop landing;

“authorized weight”, in respect an aircraft, means the maximum weight of the aircraft, measured in metric tonnes, that is authorized by the certificate of airworthiness in force in respect of the aircraft;

“departure”, in respect of an aircraft, means, a departure of the aircraft from the airport following a full stop landing;

“freight” includes mail;

“full stop landing”, in respect of an aircraft, means a landing by the aircraft at the airport in the course of which the aircraft intentionally turns off the runway;

“Jersey Aero Club aircraft” means an aircraft owned and operated by the Jersey Aero Club;

“passenger”, in respect of an aircraft, means a person carried in an aircraft, who is not a member of its crew necessary to fly the aircraft or to provide a service to its passengers;

“practice approach” means an approach to the airport by an aircraft that does not land but, for the sole purpose of training flying personnel, uses services provided at the airport;

“valuable consideration” means any right, interest, profit or benefit, forbearance, detriment, loss or responsibility accruing, given, suffered or undertaken pursuant to an agreement, that is of more than a nominal nature but does not include any consideration received in respect of the provision of flying instruction.[2]

(2)    For the purposes of this Order, an aircraft is based locally if –

(a)     the aircraft is beneficially owned by a natural person who is resident in Jersey, by natural persons all of whom are resident in Jersey or by a company incorporated in Jersey; and

(b)     the sole or principal base of operation of the aircraft is the airport.

(3)    If a due payable under this Order is to be calculated at a rate that is expressed by reference to a unit of weight or time, a remaining fraction of that unit shall be treated as a whole unit (so that, for example, if a due is to be calculated by reference to a number of hours 3½ hours shall be treated as 4 hours).

2      Normal arrival and departure dues

(1)    This Article applies to an aircraft –

(a)     that has an authorized weight exceeding 3 metric tonnes; or

(b)     that has an authorized weight of 3 metric tonnes or less that is being operated for valuable consideration.

(2)    For each arrival or departure of the aircraft there are payable –

(a)     dues calculated at the rate of £4 for each metric tonne of the authorized weight of the aircraft;

(b)     if passengers are carried, dues calculated at the rate of –

(i)     for each new period of 12 months starting on the last Sunday in March of 2012 or of any later year, an amount, representing a passenger charge for each passenger carried at any time in that period, that is –

(A)      except if sub-clause (B) applies, the sum found by using the following formula –

Y + Y(Z – 0.5%)

where –

Y is the amount representing the passenger charge applying immediately before the Sunday that starts the new period, and

Z is the percentage increase in the Jersey Retail Prices Index for the 12-month period up to the previous June, or

(B)    if Z (as described above) is 0.5% or less (including a nil or negative percentage), the same as Y (as described above), plus

(ii)    £1.97, representing a security charge for each passenger carried;

(c)     if freight consisting of bulk contract newspapers is carried, dues calculated at the rate of 4p for each 10 kilograms of such freight; and

(d)     if freight consisting of objects other than bulk contract newspapers is carried, dues calculated at the rate of 10p for each 10 kilograms of such freight.[3]

(2A)      If under paragraph (2) the total amount payable under sub-paragraphs (c) and (d) is less than £5, there shall be payable under those sub-paragraphs a total charge of £5.[4]

(3)    For each practice approach a due of £8 for each metric tonne of the authorized weight of the aircraft is payable.

3      Light non-commercial aircraft dues

(1)    This Article applies to an aircraft that Article 2 does not apply to and that is not a Jersey Aero Club aircraft.

(2)    Except as provided by paragraphs (3) and (4), there is payable for each landing or practice approach of the aircraft dues calculated at the rate of £4 for each ½ metric tonne of the authorized weight of the aircraft with a minimum charge of £8.

(3)    If the aircraft is based locally the dues referred to in paragraph (2) are reduced by 15% if a block of at least 55 landings is paid for in advance.

(4)    No dues are payable in respect of any practice approach by an aircraft while a block of landings is in effect in respect of the aircraft by virtue of paragraph (3).

4      Jersey Aero Club aircraft dues

(1)    This Article applies to all flying activities at the airport by all Jersey Aero Club aircraft.

(2)    The Jersey Aero Club shall pay dues of –

(a)     £1,600 for each of its aircraft for each 12 month period of its ownership and operation by the Club; and

(b)     £2,600 on 1 January of each year.

5      Airport out-of-opening hours dues

(1)    For each arrival or departure of an aircraft outside normal opening hours of the airport there are payable additional dues calculated in accordance with the following table.[5]



Time of arrival or departure



Due
£



After normal hours of closure of airport but before 2200 hours



651.00



2200 hours or after but before 2230 hours



1,207.50



2230 hours or after but before 2300 hours



1,470.00



2300 hours or after but before 2330 hours



2,362.50



2330 hours or after but before midnight



4,147.50



Midnight or after but before 0530 hours



6,907.95



0530 hours or after but before 0600 hours



1,470.00



0600 hours or after but before 0630 hours



1,207.50



0630 hours or after but before 0700 hours



651.00



(2)    Dues are payable by virtue of this Article –

(a)     whether or not a prior request for the airport to be opened was made; and

(b)     where a prior request was made and acted on, whether or not an aircraft arrived or departed.

(3)    Where paragraph (2)(b) applies the dues payable shall be calculated in accordance with the time stated in the request for the airport to be opened.

6      Aircraft parking dues

(1)    There are payable in respect of the parking of an aircraft at the airport dues calculated at the rate of £12 for the first metric tonne and £2.41 for each additional metric tonne of the aircraft’s authorized weight for each period of 24 hours of the relevant period.

(2)    In paragraph (1) “relevant period” means –

(a)     where the aircraft has an authorized weight exceeding 3 metric tonnes, the period beginning 12 hours after the arrival of the aircraft and ending on the departure of the aircraft; and

(b)     in any other case, the period beginning 168 hours after the arrival of the aircraft and ending on the departure of the aircraft.

(3)    This Article does not apply to locally based aircraft.

7      Pier parking stands dues

(1)    There are payable in respect of the parking of an aircraft at a pier parking stand during a relevant period dues calculated at the rate of £300 for the first hour and £500 for each subsequent hour that the aircraft is parked at the pier parking stand.

(2)    In this Article –

“pier parking stand” means any of the pier parking stands at the airport numbered 1 to 14 (inclusive);

“relevant period” means the period beginning when a direction or order is given in accordance with Regulation 5 of the Aerodromes (Jersey) Regulations 1965[6] to move the aircraft from the pier parking stand and ending when the order or direction is complied with.

(3)    Dues payable under this Article are in addition to any that may be payable under Article 6.

8      Powers of Airport Director to waive or vary dues

The Airport Director may in all cases and circumstances waive or reduce the payment of dues otherwise payable by virtue of this Order.

9      Citation

This Order may be cited as the Airport Dues (Tariff) (Jersey) Order 2003.



Endnotes

Table of Legislation History



Legislation



Year and No



Commencement



Airport Dues (Tariff) (Jersey) Order 2003



R&O.112/2003



1 January 2004



Airport Dues (Tariff) (Amendment) (Jersey) Order 2005



R&O.183/2005



1 January 2006



Airport Dues (Tariff) (Amendment No. 2) (Jersey) Order 2007



R&O.161/2007



1 January 2008



Airport Dues (Tariff) (Amendment No. 3) (Jersey) Order 2008



R&O.98/2008



1 September 2008



Airport Dues (Tariff) (Amendment No. 4) (Jersey) Order 2010



R&O.93/2010



1 October 2010



Airport Dues (Tariff) (Amendment No. 5) (Jersey) Order 2011



R&O.31/2011



27 March 2011



Airport Dues (Tariff) (Amendment No. 6) (Jersey) Order 2012



R&O.46/2012



25 March 2012



Airport Dues (Tariff) (Amendment No. 7) (Jersey) Order 2013



R&O.9/2013



31 March 2013



Table of Renumbered Provisions



Original



Current



9



spent, omitted from this revised edition



10



9



Table of Endnote References



[1]



chapter 03.315



[2] Article 1(1)



amended by R&O.183/2005



[3] Article 2(2)



amended by R&O.183/2005, R&O.161/2007, R&O.98/2008, R&O.93/2010, R&O.31/2011, R&O.46/2012



[4] Article 2(2A)



inserted by R&O.183/2005



[5] Article 5(1)



amended by R&O.9/2013



[6]



chapter 03.035.50
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