The Civil Aviation (Investigation of Air Accidents and Incidents) (Guernsey) Order 2023

2.  In regulation 2—

(a) in paragraph (1)—

(i) for the definition of “the Air Accidents Investigation Branch” substitute—

““the Air Accidents Investigation Branch” means the Air Accidents Investigation Branch as defined in regulation 2(1) of the 2018 Regulations;”;

(ii) for the definition of “Chief Inspector” substitute—

““Chief Inspector” means the Chief Inspector of Air Accidents appointed by the Secretary of State under the 2018 Regulations;”;

(iii) in the definition of “Inspector”, for “under regulation 9” substitute “by the Secretary of State under the 2018 Regulations”;

(iv) in the definition of “Regulation 996/2010”, after “Directive 94/56/EC” insert “, as it applies to the Bailiwick(1)”;

(v) in the appropriate places, insert the following definitions—

““the 2018 Regulations” means the Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 2018, as they apply to the United Kingdom;

“the Bailiff” means the Bailiff of Guernsey and includes the Deputy Bailiff, a Lieutenant-Bailiff, the Juge Délégué and a Judge of the Royal Court;

“the Bailiwick” means the Bailiwick of Guernsey and the territorial waters adjacent thereto;

“the Chicago Convention” means the Convention on International Civil Aviation which was, on 7th December 1944, signed on behalf of the Government of the United Kingdom at the International Civil Aviation Conference held at Chicago;

“Committee” means the States of Guernsey Policy & Resources Committee;

“Deputy Chief Inspector” means the Deputy Chief Inspector of Air Accidents appointed by the Chief Inspector under the 2018 Regulations;

“the Director” means—

(a)

the Director of Civil Aviation of the Bailiwick of Guernsey; or

(b)

where there is no Director or the Director is unable to exercise the functions and duties of Director, any person—

(i)

appointed as Deputy Director of Civil Aviation under paragraph 6 of Schedule 1 to the Aviation (Bailiwick of Guernsey) Law, 2008(2), or

(ii)

appointed as Acting Director of Civil Aviation under paragraph 7 of Schedule 1 to the Aviation (Bailiwick of Guernsey) Law, 2008;

“His Majesty's Procureur” includes His Majesty's Comptroller;”;

(b) for paragraph 2, substitute—

“(2) Unless defined for the purposes of these Regulations, any expression used in these Regulations which is defined in Regulation No 996/2010 has the same meaning given in that Regulation.”;

(c) omit paragraph (3).

(1)

The Air Accident and Investigation (Guernsey) Ordinance, 2022 (Guernsey Ordinance No. I of 2023), The Air Accident and Investigation (Alderney) Ordinance, 2023 (Alderney Ordinance No. IV of 2023) and The Air Accident and Investigation (Sark) Ordinance, 2023 (Sark Ordinance No. III of 2023) apply Regulation 996/2010 to their respective jurisdictions.

(2)

Guernsey Order in Council No. XXVIII of 2008.