Statutory Instrument 1998 No. 1503

The Civil Aviation (Investigation of Air Accidents and Incidents) (Guernsey) Order 1998

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© Crown Copyright 1998

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" "officer of customs and excise" means an officer within the meaning of the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law, 1972, as amended;"[5];

(f) for the definition of "police officer" substitute - 

" "police officer" means - 
(a) in relation to Guernsey, Herm and Jethou, a member of the salaried police force of the Island of Guernsey, and, within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;

(b) in relation to Alderney, a member of the above police force, a member of any police force which may be established by the States of Alderney and, within the limits of his jurisdiction, a special constable appointed by the Court of Alderney under section 15 of the Government of Alderney Law, 1987, as amended[6]; and

(c) in relation to Sark, a member of the salaried police force of the Island of Guernsey, the Constable and the Vingtenier;".

    (2) In paragraph (2)(b), for "United Kingdom" substitute "Bailiwick".

     3. In regulation 3, after "incidents" insert "occurring in or over the Bailiwick".

     4. In regulation 5 - 

    (1) In paragraph (1) - 

(a) after "adjacent to an aerodrome" insert "in the Bailiwick";

(b) after "Chief Inspector", where those words appear for the second time, insert "and to the Bailiff"; and

(c) omit the words ", in the case of an accident occurring in or over the United Kingdom," and "for the area where the accident occurred".

    (2) For paragraph (2) substitute - 

    " (2) In this regulation the expression "relevant person" means the commander of the aircraft involved at the time of the accident or serious incident or, in the event that he is killed or incapacitated, the operator of the aircraft.".

    (3) In paragraph (3), after "to the Chief Inspector" insert "and to the Bailiff".

    (4) In paragraph (4) - 

(a) for paragraphs (a) and (b) substitute "in or over the Bailiwick,";

(b) after "by the Chief Inspector" insert "or by the Bailiff"; and

(c) after "to the Chief Inspector" insert "or (as the case may be) to the Bailiff".

    (5) After paragraph (4) insert - 

    " (5) The Bailiff shall immediately send to the Board and to Her Majesty's Procureur a copy of the notice referred to in paragraph (1); and the Chief Inspector or (as the case may be) the Bailiff shall immediately send to the Board and to Her Majesty's Procureur a copy of any information sent to him under paragraph (4).".

     5. In regulation 6, after "the Chief Inspector may" insert ", after consultation with the Bailiff,".

     6. In regulation 7 - 

    (1) In paragraph (1) - 

(a) for "United Kingdom" substitute "Bailiwick"; and

(b) for "Secretary of State" substitute "Bailiff or Her Majesty's Procureur".

    (2) In paragraph (2) - 

(a) for the words preceding sub-paragraph (a) substitute - 

" Subject to the provisions of section 10(3) of the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law, 1972, as amended - "; and

(b) in sub-paragraph (a)(v), for "constable" substitute "police officer".

    (3) In paragraph (3) - 

(a) in sub-paragraph (a), after "Secretary of State" insert ", the Bailiff or Her Majesty's Procureur"; and

(b) in sub-paragraph (b), for "constable" substitute "police officer".

     7. In regulation 8 - 

    (1) Omit paragraphs (1) and (2).

    (2) For paragraph (3) substitute - 

    " (3) The Chief Inspector shall carry out, or cause an Inspector to carry out, an investigation into accidents and serious incidents which occur in or over the Bailiwick.".

    (3) In paragraph (4) - 

(a) before the words "carry out", where they first appear, insert "with the Bailiff's authority,"; and

(b) for sub-paragraphs (a) and (b) substitute "in or over the Bailiwick.".

    (4) For paragraph (5) substitute - 

    " (5) The Bailiff shall inform the Board in writing of the fact of his authority having been sought under paragraph (4) above.".

    (5) Omit paragraphs (6) and (7).

    (6) In paragraph (8), for "Secretary of State" substitute "Bailiff".

     8. In regulation 9 - 

    (1) In paragraph (3), for "Secretary of State" substitute "Board".

    (2) Omit paragraph (4).

     9. In regulation 11 - 

    (1) Omit paragraph (2) (b).

    (2) In paragraph (6), after "Secretary of State" insert "and to the Bailiff".

     10. In regulation 12 - 

    (1) In paragraph (1), after "opinion" insert "or the Bailiff's opinion".

    (2) In paragraph (4), after "Secretary of State" insert "and to the Bailiff".

    (3) In paragraph (5), after "Chief Inspector" insert "or the Bailiff".

     11. In regulation 13, omit ", other than an incident the investigation of which has been delegated to the United Kingdom by another member State,".

     12. In regulation 14 - 

    (1) In paragraph (1), omit "including those not required to be published and" and "and copies thereof to be forwarded to the Commission".

    (2) In sub-paragraphs (b) and (c) of paragraph (2), for "Secretary of State", wherever it appears, substitute "Bailiff".

     13. In regulation 17(1), for "Secretary of State" substitute "Bailiff".

     14. In regulation 18 - 

    (1) In paragraphs (1) and (2), after "Secretary of State" insert ", the Bailiff or the Board".

    (2) In paragraph (3) - 

(a) for the definition of "relevant court" substitute - 

" "relevant court" means the Royal Court;";

(b) in the definition of "relevant record" - 


(i) after "item" insert "relating to an accident or incident occurring in or over the Bailiwick"; and

(ii) after "Secretary of State" insert ", the Bailiff or the Board (as the case may be)"; and



(c) for the definition of "Secretary of State" substitute - 

" "Secretary of State" and "Board" include any of their respective officers."

    (3) In paragraph (4), for "United Kingdom" substitute "Bailiwick".

     15. Omit regulation 19.

[2] S.I. 1992/230 as amended by S.I. 1992/806.back

[3] S.I. 1996/2798.back

[4] S.I. 1972/962.back

[5] The Law was amended by the European Communities (Bailiwick of Guernsey) Law, 1973 and by the Customs and Excise (General Provisions) (Bailiwick of Guernsey) (Amendment) Law, 1991.back

[6] The Law was amended by the Magistrate's Court (Criminal Appeals) Law, 1988; the Bills of Exchange (Amendment) (Bailiwick of Guernsey) Law, 1993; the Government of Alderney (Amendment) (No. 1) Law, 1995; and the Government of Alderney (Amendment) Law, 1996.back