4.—(1) The regulator must not sell an aircraft under paragraph 2 without the leave of the court.
(2) The court must not give leave under sub-paragraph (1) in relation to a detention under regulation 39(1)(a) except where it is satisfied that—
(a)a civil penalty is due to the regulator;
(b)the UK administered operator has not paid the civil penalty to the regulator; and
(c)the regulator is entitled to apply to the court for leave to sell the aircraft.
(3) The court must not give leave under sub-paragraph (1) in relation to a detention under regulation 39(1)(b) except where it is satisfied that—
(a)an operating ban has been imposed on the person who is the operator of the aircraft;
(b)the operating ban has not been lifted before the expiry of the period mentioned in paragraph 2(b); and
(c)the regulator is entitled to apply to the court for leave to sell the aircraft.
(4) Before applying to the court for leave under sub-paragraph (1) the regulator must, in accordance with the procedure set out in paragraph 8—
(a)take steps for bringing the proposed application to the notice of any person who may have an interest in the aircraft; and
(b)afford those persons an opportunity of becoming a party to the proceedings.
(5) Where leave is given under sub-paragraph (1) the regulator must sell the aircraft for the best price that can be reasonably obtained.
(6) Failure to comply with sub-paragraph (4) or (5) does not make a sale void or voidable.