The Air Navigation (Guernsey) (Revocation) Order 2008

Statutory Instruments

2008 No. 3121

Civil Aviation

The Air Navigation (Guernsey) (Revocation) Order 2008

Made

10th December 2008

Coming into force in accordance with Article 1

At the Court at Buckingham Palace, the 10th day of December 2008

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by sections 60 (other than subsection (3)(r)), 61(1) and (2), 77, 101 and 102 of, and Schedule 13 to, the Civil Aviation Act 1982(1) as extended to the Bailiwick of Guernsey by the Civil Aviation Act 1982 (Guernsey) Order 1992(2), is pleased, by and with the advice of Her Privy Council, to order as follows:—

Citation and commencement

1.  This Order may be cited as the Air Navigation (Guernsey) (Revocation) Order 2008 and comes into force on the day on which Part III of the Aviation (Bailiwick of Guernsey) Law 2008(3) comes into force.

Revocation

2.  The Air Navigation (Guernsey) Order 1981(4) is revoked but:—

(a) any licence granted under Article 70(1) of the Air Navigation Order 1980(5), as that Article has effect in Guernsey, shall remain in force as if granted by the Director of Civil Aviation under section 105(2) of the Aviation (Bailiwick of Guernsey) Law 2008; and

(b) the Air Navigation (Restriction of Flying) (Guernsey) Regulations 1985(6) shall remain in force as if made by the Director of Civil Aviation under section 63(1) of the Aviation (Bailiwick of Guernsey) Law 2008.

Interpretation

3.  In this Order, “Guernsey” means the Bailiwick of Guernsey and its adjacent territorial sea.

Judith Simpson

Clerk of the Privy Council

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes the Air Navigation (Guernsey) Order 1981 (S.I. 1981/1805), which extended to Guernsey, subject to exceptions, adaptations and modifications, the Air Navigation Order 1980 (S.I. 1980/1965). The 1981 Order has been superseded by the Aviation (Bailiwick of Guernsey) Law 2008. However, any licence granted under Article 70(1) of the Air Navigation Order 1980 (S.I. 1980/1965), as that Article has effect in Guernsey, is preserved, as are the Air Navigation (Restriction of Flying) (Guernsey) Regulations 1985(7).

(1)

1982 c. 16. Section 60 was amended by the Airports Act 1986 (c. 31), section 83(5) and Schedule 6, Part II, the Aviation and Maritime Security Act 1990 (c. 31), sections 47 and 53(2), the Airports (Northern Ireland) Order 1994 (S.I. 1994/426), article 71(4) and Schedule 10, the Statute Law (Repeals) Act 1995 (c. 44), section 1(1) and Schedule 1, Part V and the Civil Aviation Act 2006 (c. 34), section 8(1) and (5).

(2)

S.I. 1992/230, amended by S.I. 1992/806.

(3)

Approved by the Chief Pleas of Sark on 2nd July, 2008, the States of Alderney on 23rd July 2008 and the States of Deliberation on 30th July 2008, sanctioned by Order of Her Majesty in Council on 5th November 2008 and to be brought into force by Ordinance of the States of Deliberation.

(4)

S.I. 1981/1805.

(5)

S.I. 1980/1965.

(6)

Guernsey Statutory Instrument No. 21 of 1985 as made by the Board of Administration of the States of Guernsey in exercise of powers under Article 66(1) of the Air Navigation Order 1980 (S.I. 1980/1965), as that Article has effect in Guernsey.

(7)

Guernsey Statutory Instrument No. 21 of 1985 as made by the Board of Administration of the States of Guernsey in exercise of powers under Article 66(1) of the Air Navigation Order 1980 (S.I. 1980/1965), as that Article has effect in Guernsey.