The International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015

Regulation 4(4)

SCHEDULE 1U.K.TEXT OF CAPE TOWN CONVENTION

Regulation 4(5)

SCHEDULE 2U.K.TEXT OF PROTOCOL ON AIRCRAFT EQUIPMENT

Regulation 10

SCHEDULE 3U.K.THE INTERNATIONAL REGISTRY AND REGISTRAR

IntroductoryU.K.

1.  This Schedule makes provision about—

(a)the International Registry established in accordance with Article 16 of the Cape Town Convention, and

(b)the Registrar appointed in accordance with Article 17(2) of the Cape Town Convention and Article XVII of the Aircraft Protocol.

StatusU.K.

2.  The Registry and the Registrar are recognised.

InviolabilityU.K.

3.—(1) The assets, documents, data bases and archives of the International Registry are inviolable and immune from seizure or other legal or administrative process.

(2) The Supervisory Authority may waive the inviolability and immunity conferred by sub-paragraph (1).

Claims against RegistrarU.K.

4.  For the purposes of any claim against the Registrar under Article 28(1) or 44 of the Cape Town Convention, the claimant is entitled to access to such information and documents as are necessary to enable the claimant to pursue its claim.

Regulation 12

SCHEDULE 4U.K.THE SUPERVISORY AUTHORITY

IntroductoryU.K.

1.  This Schedule makes provision about the Supervisory Authority established in accordance with Article 17 of the Cape Town Convention and Chapter III of the Aircraft Protocol.

RecognitionU.K.

2.  The Supervisory Authority (identified in accordance with Article XVII of the Aircraft Protocol) is recognised.

StatusU.K.

3.  The Supervisory Authority has legal personality.

4.  The Supervisory Authority has the legal capacities of a body corporate, for the purposes of entering into agreements under Article 17(3) of the Cape Town Convention, and generally.U.K.

Regulation 50

SCHEDULE 5U.K.CONSEQUENTIAL AMENDMENTS

PART 1U.K.STATUTORY INSTRUMENTS

Mortgaging of Aircraft Order 1972U.K.

1.—(1) The Mortgaging of Aircraft Order 1972 M1 is amended as follows.

(2) In Article 2 (interpretation)—

(a)after the definition of “the Authority” insert—

(b)at the end add—

“(3) An expression used in this Order and in the Cape Town Convention Regulations has the same meaning in this Order as in those Regulations.”

(3) After Article 9 (discharge of mortgages) insert—

“Transfer to international registration

9A.—(1) This article applies where the mortgagee applies to the Authority for the removal of an entry from the register on the grounds that an international interest has been registered, or is to be registered, under the Cape Town Convention in respect of the aircraft to which the mortgage relates.

(2) The Authority must—

(a)enter the application in the Register;

(b)mark the relevant entries in the Register ‘Removed on application in respect of registration of international interest’, and

(c)notify the mortgagee, the mortgagor and the owner that it has done so.”

(4) In Article 10 (rectification of the Register) after “for correcting any error therein” insert “ (including the removal of incorrect or outdated entries if the court thinks it necessary or appropriate) ”.

(5) In Article 14 (priority of mortgages) after paragraph (5) insert—

“(6) This article is subject to the rules set out in regulation 16 of the Cape Town Convention Regulations.”; (the paragraph inserted in the application of the Article to Scotland by Sch.2, para.1(b)(i) to the Order becomes numbered (7)).

(6) In Schedule 2 (application to Scotland)—

(a)in paragraph 9(a) after “over the aircraft” insert “ or who holds a registered interest under the Cape Town Convention ”;

(b)at the end of paragraph 9(b) add “ and of every person who holds a registered interest under the Cape Town Convention ”;

(c)in paragraph 9(c) after “shall be served upon any mortgagee” insert “ , and any person who holds a registered interest under the Cape Town Convention, ”;

(d)for paragraph 10(a) insert—

“(a)first, in payment of amounts due under a registered interest under the Cape Town Convention;

(aa)secondly, in payment of all expenses properly incurred by him in connection with the sale, or any prior attempted sale, of the aircraft;”;

(e)in paragraph 10(b), for “secondly,” substitute “ thirdly, ”;

(f)in paragraph 10(c), for “thirdly,” substitute “ fourthly, ”;

(g)in paragraph 10(d), for “fourthly,” substitute “ fifthly, ”;

(h)in paragraph 10(e), for “fifthly,” substitute “ sixthly, ”;

(i)in paragraph 11(1) after “as holding a mortgage over the aircraft” insert “ , every person who holds a registered interest under the Cape Town Convention, ”;

(j)in paragraph 11(4), for “the owner and every person shown in the Register as holding a mortgage over the aircraft,” substitute “ the owner and every person shown in the Register as holding a mortgage over the aircraft and every person who holds a registered interest under the Cape Town Convention, ”;

(k)in paragraph 12 after “a mortgagee in any mortgage of an aircraft registered in the United Kingdom” insert “ , or a person who holds a registered interest under the Cape Town Convention, ”.

(7) In relation to the holder of a registered interest under the Cape Town Convention—

(a)the reference in paragraph 9 of Schedule 2 to 60 days is to be taken as a reference to 10 days (unless a longer period is agreed between the parties), and

(b)the reference in paragraph 11(4) to 30 days is to be taken as a reference to 10 days (unless a longer period is agreed between the parties).

(8) Nothing in Schedule 2 prevents the holder of a registered interest under the Cape Town Convention from exercising a remedy under these Regulations or in accordance with the Cape Town Convention or the Aircraft Protocol.

Civil Aviation (Chargeable Air Services) (Detention and Sale of Aircraft) Regulations 2001U.K.

2.—(1) The Civil Aviation (Chargeable Air Services) (Detention and Sale of Aircraft) Regulations 2001 M2 are amended as follows.

(2) In regulation 2 (interpretation) after the definition of “authorised person” insert—

(3) In regulation 7 (application of proceeds of sale) at the end add “ (with priority being given to any person or persons having an international interest within the meaning of the Cape Town Convention Regulations, in accordance with the rules set out in regulation 16 of those Regulations) ”.

(4) In the Schedule (notice of application to court)—

(a)in paragraph 1(1) (requirement to give notice) after paragraph (e) insert—

“(ea)any person who has an international interest in the aircraft in accordance with the Cape Town Convention Regulations;”; and

(b)in paragraph 2(2) for “shall be served” substitute “ may be served by any reasonable electronic means or ”.

Civil Aviation (Chargeable Air Services) (Detention and Sale of Aircraft for Eurocontrol) Regulations 2001U.K.

3.—(1) The Civil Aviation (Chargeable Air Services) (Detention and Sale of Aircraft for Eurocontrol) Regulations 2001 M3 are amended as follows.

(2) In regulation 2 (interpretation) after the definition of “authorised person” insert—

(3) In regulation 8 (application of proceeds of sale) at the end add “ (with priority being given to any person or persons having an international interest within the meaning of the Cape Town Convention Regulations, in accordance with the rules set out in regulation 16 of those Regulations) ”.

(4) In the Schedule (notice of application to court)—

(a)in paragraph 1(1) (requirement to give notice) after paragraph (e) insert—

“(ea)any person who has an international interest in the aircraft in accordance with the Cape Town Convention Regulations;”; and

(b)in paragraph 2(2) for “shall be served” substitute “ may be served by any reasonable electronic means or ”.

Air Navigation Order 2009U.K.

F14.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Greenhouse Gas Emissions Trading Scheme Regulations 2012/3038U.K.

5.  At the end of paragraph 8(2)(g) of Schedule 9 to the Greenhouse Gas Emissions Trading Scheme Regulations 2012 M4 (Detention and sale of aircraft: procedure for applying for leave to sell aircraft) add “ (including an international interest within the meaning of the International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015) ”.

PART 2U.K.ACTS

Bills of Sale Act 1878U.K.

6.  The Bills of Sale Act 1878 M5 (and any equivalent applying to Northern Ireland) is not to apply to a security agreement which creates or provides for an international interest.

Bills of Sale Act (1878) Amendment Act 1882U.K.

7.  The Bills of Sale Act (1878) Amendment Act 1882 M6 (and any equivalent applying to Northern Ireland) is not to apply to a security agreement which creates or provides for an international interest.

Civil Aviation Act 1982U.K.

8.—(1) Section 88 of the Civil Aviation Act 1982 M7(detention and sale of aircraft for unpaid airport charges: application of proceeds) is amended as follows.

(2) At the end of subsection (6) add “ (with priority being given to any person or persons having an international interest within the meaning of the Cape Town Convention Regulations, in accordance with the rules set out in regulation 16 of those Regulations) ”.

(3) After subsection (6) insert—

“(6A) In subsection (6) “the Cape Town Convention Regulations” means the International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015.”

Companies Act 2006U.K.

9.  Section 859A of the Companies Act 2006 M8 (charges created by a company: registration) is not to apply to a charge which is an international interest.