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The Civil Aviation (Investigation of Air Accidents and Incidents) (Jersey) Order 2000

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Powers of Inspectors

9.—(1) For the purpose of enabling him to carry out an investigation into an accident or incident in the most efficient way and within the shortest time, an investigating Inspector is hereby authorised, where appropriate in co-operation with the authorities responsible for the judicial inquiry, to–

(a)have free access to the site of the accident or incident as well as to the aircraft, its contents or its wreckage;

(b)ensure an immediate listing of evidence and controlled removal of debris or components for examination or analysis purposes;

(c)have immediate access to and use of the contents of the flight recorders and any other recordings;

(d)have access to the results of examination of the bodies of victims or tests made on samples taken from the bodies of victims;

(e)have immediate access to the results of examination of people involved in the operation of the aircraft or of tests made on samples taken from such people;

(f)examine witnesses; and

(g)have free access to any relevant information or records held by the owner, the operator or the manufacturer of the aircraft and by the authorities responsible for civil aviation or airport operation.

(2) For the purpose of paragraph (1) above an investigating Inspector shall have power–

(a)by summons under his hand to call before him and examine all such persons as he thinks fit, to require such persons to answer any question or furnish any information or produce any books, papers, documents and articles which the investigating Inspector may consider relevant and to retain any such books, papers, documents and articles until the completion of the investigation;

(b)to take statements from all such persons as he thinks fit and to require any such person to make and sign a declaration of the truth of the statement made by him;

(c)on production if required of his credentials, to enter and inspect any place, building or aircraft the entry or inspection whereof appears to the investigating Inspector to be requisite for the purposes of the investigation;

(d)on production if required of his credentials, to remove, test, take measures for the preservation of or otherwise deal with any aircraft other than an aircraft involved in the accident or incident where it appears to the investigating Inspector requisite for the purposes of the investigation; and

(e)to take such measures for the preservation of evidence as he considers appropriate.

(3) Every person summoned by an investigating Inspector under paragraph (2)(a) above shall be allowed such expenses as the Committee may determine.

(4) In this Order “operator” shall have the meaning given by Article 3 of the Directive and “in co-operation with the authorities responsible for the judicial inquiry” shall have the same meaning as in the Directive.

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