Air Navigation (Isle of Man) Order 2007 (S.I. 2007/1115)

2.1 The Committee draws the special attention of both Houses to this Order on the grounds that it is defectively drafted in several respects.

2.2 This Order is made under sections 60 and 61 of the Civil Aviation Act 1982 as extended to the Isle of Man (IoM) by S.I. 2007/614. Article 3 of this Order contains detailed provisions about the registration of aircraft in the IoM. Article 3(14) provides that the Department of Transport of the IoM Government may, by regulations, adapt or modify paragraphs (1) to (13) of that article as it deems necessary or expedient for the purpose of providing for the temporary transfer of aircraft to or from the IoM register, either generally or in relation to particular cases. The Committee asked the Ministry of Justice to explain the powers that enabled this sub-delegation. In a memorandum printed at Appendix 2 the Ministry states that the instrument was drafted by the IoM Government, which explains that the words "by regulations" were included in article 3(14) in error and that no regulations have been or are intended to be made under article 3(14). It was intended that the Department should be able, if necessary, to operate the registration system in article 3(1) to (13) with adaptations or modifications appropriate for transfers of aircraft to or from the IoM. The memorandum does not focus on the question whether such administrative sub-delegation is authorised by the enabling powers; as to that, the Committee observes that section 60(2) of the 1982 Act is framed very widely. The Committee reports article 3(14) for defective drafting, acknowledged by the IoM Government.

2.3 The definition of "certificate of maintenance review" in article 68(1) refers to a non-existent provision. The IoM Government explains in the memorandum that the definition and the only reference to such a certificate (in article 17(3)(a)) are redundant and were included in error. The Committee reports article 17(3)(a) and article 68(1) for defective drafting in these respects, acknowledged by the IoM Government.

2.4 The IoM Government also acknowledges that the expression "JAR-FCL 2" which is referred to in the definitions of "JAA licence" and "type rating" (in respect of helicopters) in article 68(1) should have been defined. The Committee reports article 68(1) for defective drafting in this respect, acknowledged by the IoM Government.

2.5 Entry (3)(b) of the table in paragraph 5 of Schedule 3 appears to require certain aeroplanes to carry particular equipment when flying for purposes other than public transport on or after 1 January 2007; but the Order does not come into force until 1 May 2007. The Committee queried whether this apparent retroactive application was intended and, if so, how this was authorised by the enabling legislation. The IoM Government explains that before 2007 the relevant aeroplanes were exempted from the requirement if they had comparable equipment installed before April 2000; that exemption was to cease on 1 January 2007. Entry 3(b) was included in earlier drafts of the Order, but that provision became redundant and should have been omitted when it became clear that the Order would take effect after 1 January 2007. The Committee reports entry (3)(b) of the table in paragraph 5 of Schedule 3 and the reference to it in entry (3)(a) for defective drafting, acknowledged by the IoM Government.

2.6 The Committee is pleased to note (from paragraph 5 of the Ministry's memorandum) the intention of the IoM Government to arrange amendment of this instrument.