Prospective
Article 2
1. In regulation 1, omit “and shall come into force on 21st November 1996”.U.K.
Commencement Information
I1Sch. para. 1 in force at 24.8.1998, see art. 1
2. In regulation 2—U.K.
(1) In paragraph (1)—
(a)in the definition of “aerodrome authority”, for “, the person by whom the aerodrome is managed” substitute “in the Bailiwick, the Board”;
(b)after the definition of “the Annex” insert—
““the Bailiff” means the Bailiff of Guernsey;
“the Bailiwick” means the Bailiwick of Guernsey and the territorial waters adjacent thereto;
“the Board” means the States of Guernsey Board of Administration;”;
(c)in the definitions of “Chief Inspector” and “Inspector”, after “regulation 8 below” insert “as it has effect in the United Kingdom”;
(d)after the definition of “fatal injury” insert—
““Her Majesty’s Procureur” includes Her Majesty’s Comptroller;”;
(e)after the definition of “Investigating Inspector” insert—
““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;”(1);
(f)for the definition of “police officer” substitute—
““police officer” means—
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;
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(2); and
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”.
Commencement Information
I2Sch. para. 2 in force at 24.8.1998, see art. 1
3. In regulation 3, after “incidents” insert “occurring in or over the Bailiwick”.U.K.
Commencement Information
I3Sch. para. 3 in force at 24.8.1998, see art. 1
4. In regulation 5—U.K.
(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).”.
Commencement Information
I4Sch. para. 4 in force at 24.8.1998, see art. 1
5. In regulation 6, after “the Chief Inspector may” insert “, after consultation with the Bailiff,”.U.K.
Commencement Information
I5Sch. para. 5 in force at 24.8.1998, see art. 1
6. In regulation 7—U.K.
(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”.
Commencement Information
I6Sch. para. 6 in force at 24.8.1998, see art. 1
7. In regulation 8—U.K.
(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”.
Commencement Information
I7Sch. para. 7 in force at 24.8.1998, see art. 1
8. In regulation 9—U.K.
(1) In paragraph (3), for “Secretary of State” substitute “Board”.
(2) Omit paragraph (4).
Commencement Information
I8Sch. para. 8 in force at 24.8.1998, see art. 1
9. In regulation 11—U.K.
(1) Omit paragraph (2) (b).
(2) In paragraph (6), after “Secretary of State” insert “and to the Bailiff”.
Commencement Information
I9Sch. para. 9 in force at 24.8.1998, see art. 1
10. In regulation 12—U.K.
(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”.
Commencement Information
I10Sch. para. 10 in force at 24.8.1998, see art. 1
11. In regulation 13, omit “, other than an incident the investigation of which has been delegated to the United Kingdom by another member State,”.U.K.
Commencement Information
I11Sch. para. 11 in force at 24.8.1998, see art. 1
12. In regulation 14—U.K.
(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”.
Commencement Information
I12Sch. para. 12 in force at 24.8.1998, see art. 1
13. In regulation 17(1), for “Secretary of State” substitute “Bailiff”.U.K.
Commencement Information
I13Sch. para. 13 in force at 24.8.1998, see art. 1
14. In regulation 18—U.K.
(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”.
Commencement Information
I14Sch. para. 14 in force at 24.8.1998, see art. 1
15. Omit regulation 19.U.K.
Commencement Information
I15Sch. para. 15 in force at 24.8.1998, see art. 1
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.
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.